Bensberg v. Harris
Missouri Court of Appeals
Appeal from the St. Louis Q-ity Circuit Court. — Hon. James E. Withrow, Judge. A party introducing a witness represents him to the court as worthy of credit, and stands as his indorser, and cannot discredit him, though he may contradict him by showing, by other witnesses, that a fact testified to-by him is different from that testified toby such witness.. 1 Gfreenleaf on Ev. [14 Ed.] sec. 442, p. 538; 1 Whart. on Ev. [ 3 Ed.] sec. 549; 2 Best on Ev. [ 1 Am.
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Appeal from the St. Louis Q-ity Circuit Court. — Hon. James E. Withrow, Judge. A party introducing a witness represents him to the court as worthy of credit, and stands as his indorser, and cannot discredit him, though he may contradict him by showing, by other witnesses, that a fact testified to-by him is different from that testified toby such witness.. 1 Gfreenleaf on Ev. [14 Ed.] sec. 442, p. 538; 1 Whart. on Ev. [ 3 Ed.] sec. 549; 2 Best on Ev. [ 1 Am. Ed.] sec. 645, p. 1080; Burkhalter v. Edwards, 16 Gfa. 593 ; Coulter v. Express Co., 56 N. Y. 585 ; Hice v. Cox, 12 Ired. L. 318. Where…
1Opinion of the CourtRombatjee, P. J.
The defendant is a manufacturer of whiskeys in the state of Kentucky, and, at the dates hereinafter mentioned, J. S. Hackley was one of his traveling salesmen or solicitors, and as such executed the following memorandum of sale :
“St. Louis, April 26, 1890.
“This is to certify that I have sold P. K. Lenehan, of Sti Louis:
100 bbls. Ky. New Whiskey, made........April, 1889.
100 bbls. Ky. New Whiskey, made........May, 1889.
50 bbls. Ky. New Whiskey, made........March, April
or May, 1888.
“The ’89' at forty cents per gallon, and the ’88 at fifty-five cents per gallon, cash, and I also guarantee the…
2Cases cited2 opinions
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Farrar v. KramerMissouri Court of Appeals · 1878
3Cited by6 opinions
- Gould v. Cates Chair Co.Supreme Court of Alabama · 1906
- Nolin Milling Co. v. White Grocery Co.Court of Appeals of Kentucky · 1916
- Neal v. M. E. Smith & Co.Court of Appeals for the Eighth Circuit · 1902
- Tobin v. KampeCourt of Appeals for the Eighth Circuit · 1942
- Ryan & Miller v. American Steel & Wire Co.Court of Appeals of Kentucky · 1912
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