Cleveland v. Coulson
Missouri Court of Appeals
Appeal from Adair Circuit Court. — lion. Nat. M. Shelton, Judge. (1) Was John Coulson an incompetent witness because of the death of Margaret Coulson? We contend he is not incompetent. Our statute (sec. 4652), provides that interest in the result of the suit will not disqualify a witness.
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Appeal from Adair Circuit Court. — lion. Nat. M. Shelton, Judge. (1) Was John Coulson an incompetent witness because of the death of Margaret Coulson? We contend he is not incompetent. Our statute (sec. 4652), provides that interest in the result of the suit will not disqualify a witness. Said section further provides “that in actions where one of the original parties to the contract or canse of action in issue and on trial is dead . . . the other party to such contract or cause of action shall not be admitted to testify either in his own favor or in favor of any party to the action claiming…
1Opinion of the CourtBroaldus, J.
This is a suit by plaintiff as assignee of a note for $650, due in one year from date, executed by the defendant on the 28th day of January, 1898, and made payable to one Margaret Coulson. A jury was waived and the case tried before the court. The finding and judgment were for the plaintiff, from which defendant appealed.
On the trial, defendant offered to prove by John Coulson, a son of Margaret Coulson the payee of the note, who was shown to be deceased, that at the time of .its execution defendant was indebted to witness i a the sum of $1,000 — $650 of which was represented in said note;…
2Cases cited4 opinions
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Gunn v. ThrustonSupreme Court of Missouri · 1895
- First National Bank v. HuntMissouri Court of Appeals · 1887
- Ford v. O'DonnellMissouri Court of Appeals · 1890
3Cited by4 opinions
- Circle v. Jim Walter Homes, Inc.Court of Appeals for the Tenth Circuit · 1976
- Taylor v. GeorgeMissouri Court of Appeals · 1913
- Roy M. Circle and Wanda J. Circle, on Behalf of Themselves and Others Similarly Situated v. Jim Walter Homes, Inc., a Corporation, Rayfield Smiley and Evelyn C. Smiley, on Behalf of Themselves and Others Similarly Situated v. Mid-State Homes, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1976
- Daly v. WilburMissouri Court of Appeals · 1922