Home Lumber Co. v. Hartman
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. <1 ohn D. Hartman, Judge. (1) The evidence introduced by the defendant in support of his character, which had not been attacked, was inadmissible, and its admission was reversible error. Dudley v.' McCluer, 65 .Mo. 241; Rogers v. Troost, 51 Mo. 241 ; Porter v. Seiler, 23 Penn. St. 424 ; Humphrey ■o.
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Appeal from the Vernon Circuit Court. — Hon. <1 ohn D. Hartman, Judge. (1) The evidence introduced by the defendant in support of his character, which had not been attacked, was inadmissible, and its admission was reversible error. Dudley v.' McCluer, 65 .Mo. 241; Rogers v. Troost, 51 Mo. 241 ; Porter v. Seiler, 23 Penn. St. 424 ; Humphrey ■o. Humphrey, 7 Conn. 116; Gutzwiller v. Laclcman, 23 Mo. 168. (2) The instruction given by the court on the part of the defendant to the effect, that an intent to defraud the plaintiff must have existed in the mind of the defendant at the time when he…
1Opinion of the CourtSmith, P. J.
— This was a suit commenced by attachment in the circuit court of Barton county, Missouri, *650on the third day of April, 1888, to recover the sum of $1,148, alleged to have been embezzled by the defendant while acting as salesman and general manager of plaintiff’s lumber yard at Lamar, Missouri, in 1887 and 1888. -The affidavit for attachment charges' that the damages for which the action is brought are for injuries arising from the commission of a felony by the defendant, in this: “That the defendant, while acting as agent and salesman for the plaintiff, did unlawfully and feloniously embezzle…
2Cases cited9 opinions
- Humphrey v. HumphreySupreme Court of Connecticut · 1828
- State v. PrattSupreme Court of Missouri · 1889
- Dudley v. McCluerSupreme Court of Missouri · 1877
- State ex rel. Harvey v. ManningSupreme Court of Missouri · 1884
- Gutzwiller v. LackmanSupreme Court of Missouri · 1856
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3Cited by5 opinions
- Adams v. ElsefferMichigan Supreme Court · 1902
- Alkire Grocer Co. v. TagartMissouri Court of Appeals · 1899
- Gordon v. MillerMissouri Court of Appeals · 1905
- R. C. Stone Milling Co. v. McWilliamsMissouri Court of Appeals · 1906
- State v. AlfordSupreme Court of Louisiana · 1914