Porter v. Jones
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The question as to who is entitled to the opening and close of the case, is matter within the discretion of the court trying the cause. (Leete vs. Ins. Co., 7th Eng. Law & Eq. R., 578, 'Wade vs. Scott, 7 Mo., 509; Tibean vs. Tibeau, 22 Mo., 77; Reichard vs. Manhattan, 31 Mo., 520.) The influence to be exercised, is to be upon the man not yet appointed to agree to take, and not upon the court to agree to appoint.
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Appeal from St. Louis Circuit Court. The question as to who is entitled to the opening and close of the case, is matter within the discretion of the court trying the cause. (Leete vs. Ins. Co., 7th Eng. Law & Eq. R., 578, 'Wade vs. Scott, 7 Mo., 509; Tibean vs. Tibeau, 22 Mo., 77; Reichard vs. Manhattan, 31 Mo., 520.) The influence to be exercised, is to be upon the man not yet appointed to agree to take, and not upon the court to agree to appoint. It was wholly in the power of the legatee, the respondent, to control the appointment as his interests alone were to be affected. All the cases in…
1Opinion of the CourtAdams, Judge
This was an action on a promissory note for $2,000 executed by the defendant to the plaintiff and dated 3rd March, 1870, and payable one year after the date thereof.
The defendant by an amended answer set up as a defense a total want of consideration, and that the only consideration for the note grew out of a written agreement executed by both parties, at the time the note was made, which reads as follows:
“ This agreement entered into this 3rd day of March, 1870, by and between Samuel D. Porter of the City and County of St. Louis, State of Missouri, party of the first part, and Isaac Jones of…
2Cases cited2 opinions
- Kick v. MerrySupreme Court of Missouri · 1856
- Kribben v. HaycraftSupreme Court of Missouri · 1858
3Cited by21 opinions
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Bates v. ForchtSupreme Court of Missouri · 1886
- Oxley v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Aughey v. WindremSupreme Court of Iowa · 1908
- Ellicott v. ChamberlinSupreme Court of New Jersey · 1884
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