Nichols, Shepard & Co. v. Jones
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. Statement of case by the court. This was an action by the plaintiff, a corporation under the laws of Michigan, upon a promissory note executed by defendant together with Ellis J. Pursell and R. R. Henderson.
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Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. Statement of case by the court. This was an action by the plaintiff, a corporation under the laws of Michigan, upon a promissory note executed by defendant together with Ellis J. Pursell and R. R. Henderson. The defense out of. which grew the questions presented to us for determination was, that the note in suit was, together with two other notes, given for a threshing-machine sold by plaintiff to Pursell and Henderson, and that the defendant had executed the notes as surety for the said Pursell and Henderson; that subsequent to…
1Opinion of the CourtHall, J.
— I. The letter with the indorsement thereon and the statement of facts filed in'the case before the justice of the peace were not admissible in evidence in this case. Admissions of fact by an attorney in one action are not admissible in evidence against the client in another action, unless the client acquiesced in the admissions. Wilkins v. Stidger, 22 Cal. 239; Harrison v. Baker, 5 Litt. 250; Etting v. Scott, 2 Joleno, 156; 1 Phil, on Ex. p. 508, notes 141, and p. 523, note 148. There was no evidence of the plaintiff’s acquiescence in the statements made by its attorney in said papers.
Allega…
2Cases cited6 opinions
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Ring v. JamisonSupreme Court of Missouri · 1877
- Wilkins v. StidgerCalifornia Supreme Court · 1863
- Angell v. HesterSupreme Court of Missouri · 1876
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3Cited by14 opinions
- Board of Com'rs v. SutliffCourt of Appeals for the Eighth Circuit · 1899
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Leach v. McFaddenSupreme Court of Missouri · 1892
- Scott v. CowenSupreme Court of Missouri · 1918
9 more not listed; retrieve them via the Exa API.