Brown v. Bowen
Supreme Court of Missouri
Appeal from Knox Circuit Court — Hon. Ben. E. Turner, Judge. (1) The court erred in admitting any evidence under the answer over plaintiff’s objections. Mrs. Sherman being a married woman was not competent to make the oral agreement set up in the answer. Story on Bailments, secs. 50, 162 and 302 [4 Ed.] ; Danis n Smith, 75 Mo. 219. (2) The answer did not state facts sufficient to constitute a defence to the action.
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Appeal from Knox Circuit Court — Hon. Ben. E. Turner, Judge. (1) The court erred in admitting any evidence under the answer over plaintiff’s objections. Mrs. Sherman being a married woman was not competent to make the oral agreement set up in the answer. Story on Bailments, secs. 50, 162 and 302 [4 Ed.] ; Danis n Smith, 75 Mo. 219. (2) The answer did not state facts sufficient to constitute a defence to the action. It shows that if there had been a valid authority conferred on defendant to negotiate the note it was revocable and revoked. Story on Bailments, secs. 207, 210 and 211, [4 Ed.] ; 2…
1Opinion of the Court
Sheewood, J.—
Plaintiff claims in this action to be the assignee of a note for four hundred dollars, executed to Mrs. Malinda Sherman, and sues defendant for its conversion.
The circuit court refused the following instructions asked by plaintiff:
“1. The court instructs the jury that the evidence of ..the verbal agreement made between Mrs. Sherman and defendant, Bowen, as deposed by defendant and his witnesses, is withdrawn from the jury; the same being incompetent and not pertinent to any material issue in the cause.”
“2. Defendant admits in his testimony that his authority to act as the agent…
2Cases cited6 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Bunce v. BeckSupreme Court of Missouri · 1869
- Basshor v. ForbesCourt of Appeals of Maryland · 1872
- Rollins v. ClaybrookSupreme Court of Missouri · 1856
- Moss v. GreenSupreme Court of Missouri · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- State v. WearSupreme Court of Missouri · 1898
- Bensieck v. CookSupreme Court of Missouri · 1892
- McClanahan v. WestSupreme Court of Missouri · 1889
31 more not listed; retrieve them via the Exa API.