Wallace v. Jecko
Missouri Court of Appeals
Appeal from the Mississippi County Circuit Court, J. D. Foster, Judge. The defendant testified that the contract for shipment of meal to the plaintiffs was made with their “traveling agent.” That agent was a competent witness, and the exclusion of the defendant’s testimony, even if made with the plaintiffs themselves, could not be sustained either by reason or authority.
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Appeal from the Mississippi County Circuit Court, J. D. Foster, Judge. The defendant testified that the contract for shipment of meal to the plaintiffs was made with their “traveling agent.” That agent was a competent witness, and the exclusion of the defendant’s testimony, even if made with the plaintiffs themselves, could not be sustained either by reason or authority. Williams v. Perkins, 83 Mo. 379; Nugent v. Curran, 77 Mo. 323; Amonett v. Montague, 75 Mo. 43; Fulkerson v. Thornton, 68 Mo. 468; Klostermann v. Loos, 58 Mo. 290. Elisha H. Fairchild, one of the original parties to-the…
1Opinion of the CourtThompson, J.
This action was brought to recover certain advances made by a firm of commission merchants to the defendant, by honoring his drafts drawn against consignments, in excess of the amount realized by the sale of the goods consigned, after deducting commissions and charges. The commission merchants were a- partnership, composed of three persons, doing business in the city of New Orleans, and the defendant was, and is, a resident *315of this state. Since the transaction in controversy, on© member of the firm which composed the commission-house has died, and his administrator is joined with his…
Also in this document: Concurrence.
2Cases cited5 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
- Nugent v. CurranSupreme Court of Missouri · 1883
- Williams v. PerkinsSupreme Court of Missouri · 1884
- Amonett v. MontagueSupreme Court of Missouri · 1881
3Cited by4 opinions
- Roeder v. ShryockMissouri Court of Appeals · 1895
- Mayer v. OldMissouri Court of Appeals · 1894
- Citizens' Insurance v. BroylesMissouri Court of Appeals · 1899
- Wiley v. MorseMissouri Court of Appeals · 1888