Legal Opinion

American Bank v. Campbell

Missouri Court of Appeals

Decided February 4, 1889PublishedCited by 1 opinion

Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The court below erred in admitting illegal and incompetent evidence on the part of defendant against the objections of and to the prejudice of plaintiff. 1 Greenl. Ev. (4Ed.) secs. 51, 52; State ex rel. v. Roberts, 62 Mo. 338, at 390; Brooks v. Blackwell, 76 Mo. 309 ; Weil v. Poston, 77 Mo. 287; Frederick v. Allgaier, 88 Mo. 598; Stumpf v. Mueller, 17 Mo.

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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The court below erred in admitting illegal and incompetent evidence on the part of defendant against the objections of and to the prejudice of plaintiff. 1 Greenl. Ev. (4Ed.) secs. 51, 52; State ex rel. v. Roberts, 62 Mo. 338, at 390; Brooks v. Blackwell, 76 Mo. 309 ; Weil v. Poston, 77 Mo. 287; Frederick v. Allgaier, 88 Mo. 598; Stumpf v. Mueller, 17 Mo. App. 283. (2) Neither the agreement between Colcord, Campbell, Carter and Thornton, as testified to by parol by said Thornton nor the written agreement itself,…

1Opinion of the CourtEllison, J.

There is a voluminous record in this cause accompanied by briefs and abstracts aggregating near two hundred pages of printed matter; but from the examination we have made of the various points of the exception preserved, we are enabled to make a final disposition of the case, without entering into a detailed discussion of the alleged errors of which complaint is made.

The petition charges that William H. Carter, Franklin Thornton, William R. Colcord and defendant were the joint owners of three hundred and fifty or four hundred head of cattle in the state of Kansas. That Carter owed plaintiff a…

2Cited by1 opinion

  1. Cook, Kerr & Barnard v. PiattMissouri Court of Appeals · 1907

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