Bone v. Friday
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. P. Foard, Judge. (1) It was admitted that William IT. Friday was dead, and as he was a party to the contract made by the plaintiff Robert L. Bone, the witness Robert L. Bone was incompetent to testify, and the objection to his testifying on that ground should have been sustained, and excluding his testimony, there was no evidence upon which to base plaintiff’s instruction, and the demurrers at the close of plaintiff’s case and at…
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Appeal from Butler Circuit Court. — Hon. J. P. Foard, Judge. (1) It was admitted that William IT. Friday was dead, and as he was a party to the contract made by the plaintiff Robert L. Bone, the witness Robert L. Bone was incompetent to testify, and the objection to his testifying on that ground should have been sustained, and excluding his testimony, there was no evidence upon which to base plaintiff’s instruction, and the demurrers at the close of plaintiff’s case and at the close of the whole case should have been sustained. Section 6354, R. S. 1909; Taylor v. George, 161, S. R. 1187;…
1Opinion of the CourtRobertson, P. J.
Plaintiff sued to recover a sum of money paid under mistake and prevailed in the circuit court. The defendant has appealed.
Plaintiff purchased a stock of goods and some land as he claims from the defendant through her husband acting as the defendant’s agent. Plaintiff alleges in his petition that the amount he was to pay for the stock of merchandise was to be the wholesale-price less ten per cent discount, except for the groceries therein; that an invoice was taken of the stock and entered upon a book, with figures set opposite each item therein contained indicating the invoice price, but…
2Cases cited11 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Weiermueller v. ScullinSupreme Court of Missouri · 1907
- Curd v. BrownSupreme Court of Missouri · 1899
- Koontz v. Central National BankSupreme Court of Missouri · 1873
- Griffin v. NicholasSupreme Court of Missouri · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Swon v. HuddlestonSupreme Court of Missouri · 1955
- Edmonds v. ScharffSupreme Court of Missouri · 1919
- New York Life Insurance v. GilbertMissouri Court of Appeals · 1923
- Picotte v. MillsMissouri Court of Appeals · 1918
- Barton v. CoxCourt of Appeals of Texas · 1915
3 more not listed; retrieve them via the Exa API.