DeArman v. Taggart
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) The trial court erred in its refusal to admit in evidence the signatures Of the name of the defendant in the hands of plaintiff’s witness, L. D. Winsett. The rule is as follows: “Writings outside of papers in the case are admissible for purposes of comparison: First. When conceded to be genuine. 'Second. When they are such as the other party is estopped to deny. Third.
Read the full summary
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) The trial court erred in its refusal to admit in evidence the signatures Of the name of the defendant in the hands of plaintiff’s witness, L. D. Winsett. The rule is as follows: “Writings outside of papers in the case are admissible for purposes of comparison: First. When conceded to be genuine. 'Second. When they are such as the other party is estopped to deny. Third. When they belong to the witness who exhibits them in confirmation of his testimony.” Corby v. Weddle, 57 Mo. 452; State v. Scott, 45 Mo. 304; State v.…
1Opinion of the CourtG-ill, J.
This is a suit on a promissory note, purporting to have been executed by defendant Taggart to D. E. Ulm, and by him assigned to the plaintiff. The defense was a plea of non est factum, under oath.. On a trial by jury, there was a finding and judgment for plaintiff and defendant appealed.
The only matters of complaint relate to the court’s-action in the admission and exclusion of evidence, and these we shall notice in the order mentioned in defendant’s brief.
First. When witness Winsett was on the stand, he produced, at the request of defendant’s counsel, various receipts, which the witness Said…
2Cases cited4 opinions
- State v. HouxSupreme Court of Missouri · 1891
- Doud v. ReidMissouri Court of Appeals · 1893
- Singer Manufacturing Co. v. ClayMissouri Court of Appeals · 1893
- McCombs v. FosterMissouri Court of Appeals · 1895
3Cited by1 opinion
- S. Hirsch & Co. v. GreenMissouri Court of Appeals · 1900