Crosno v. Bowser Milling Co.
Missouri Court of Appeals
Appeal from Mississippi Circuit Court. — No». N. G. Riley, Judge. J. W. Bowser, the president and agent of the company, being dead at the time of the trial, Mr. Crosno, the plaintiff, could not testify as to admissions or conversations of Mr. Bowser. His testimony was wholly incompetent and prejudicial and instruction No. 8 was improperly given. Nichols v. Jones, 32 Mo. App. 657; Williams v. Edwards, 94 Mo. 447; Yendover v. Baker, 121 Mo. 273.
1Opinion of the CourtGoode, J.
Action for merchandise sold and delivered, as' is asserted, to the defendant. The case originated before a justice of the peace, went to the circuit court and on a trial anew there resulted in a verdict and judgment for the plaintiff.
*237The defendant is a corporation that conducted several mills in 1900 and 1901 when the goods were furnished. One of the mills was near the village of Crosno, where the plaintiff kept a general store. The goods in question were obtained by the employees of the milling company on orders signed by John Hummell. The milling company kept an account with plaintiff…
2Cases cited4 opinions
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Nichols, Shepard & Co. v. JonesMissouri Court of Appeals · 1888
- Hollmann v. LangeSupreme Court of Missouri · 1898
3Cited by3 opinions
- Drew v. Wabash RailroadMissouri Court of Appeals · 1908
- Herring-Hall-Marvin Safe Co. v. BallietNevada Supreme Court · 1914
- Co-operative Copper Co. v. LawOregon Supreme Court · 1913