Carder v. Primm

This cause was twice before this court on the plaintiff’s appeal. 47 Mo. App. 301, and 52 Mo.'App. 102. Upon the last trial the plaintiff recovered judgment, and the defendant appeals. The errors assigned are the exclusion of legal evidence offered by the defendant, the refusal of the court to *424suppress the plaintiff’s deposition, the refusal of the court to nonsuit the plaintiff, and erroneous instructions given by the court on plaintiff’s behalf.

■ The plaintiff’s main witness, Hume, was examined in chief at length as to his relations with the decedent, Francis M. Carder. He was asked, among…