Hamra v. Orten
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — lion. Sterling II. McCarty, Judge. “The instrument cannot be varied or contradicted under ' the guise of explanation or construction.” 22 Corpus Juris, sec. 1570, page 1177; Stonebraker v. Ford, 81 Mo. 532; Chrisman v. Hodges, 75 Mo. 413; Watkins Medical Co. v. Holoway, 181 S. W. 602. (1) We admit defendant would not be competent as a witness to testify to any part of the transaction between he and Hamra, but as to matters that…
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Appeal from Pemiscot Circuit Court. — lion. Sterling II. McCarty, Judge. “The instrument cannot be varied or contradicted under ' the guise of explanation or construction.” 22 Corpus Juris, sec. 1570, page 1177; Stonebraker v. Ford, 81 Mo. 532; Chrisman v. Hodges, 75 Mo. 413; Watkins Medical Co. v. Holoway, 181 S. W. 602. (1) We admit defendant would not be competent as a witness to testify to any part of the transaction between he and Hamra, but as to matters that transpired after Hamra’s death defendant is a competent witness. Weirer Mueller v. Scullin, 203 Mo. 466, 101 S. W. 1088; Kirton…
1Opinion of the CourtBradley, J.
— As the administratrix of the estate of R. S. Hamra, deceased, plaintiff commenced this cause in a justice of the peace court to recover on an account for merchandise alleged to be due plaintiff’s intestate. The cause was appealed to the circuit, court where upon trial before the court and a jury verdict and judgment went for defendant. Plaintiff failing to get a new trial appealed.
The statement filed in the justice court is in the usual form in a suit on account, and filed therewith was an itemized statement of the account showing charges and credits, leaving an alleged balance due of…
2Cases cited4 opinions
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- Huff v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1908
- Downs v. Racine-Sattley Co.Missouri Court of Appeals · 1914
- Jenkins v. EmmonsMissouri Court of Appeals · 1906
3Cited by1 opinion
- Hoelker v. American PressSupreme Court of Missouri · 1927