Sauter & Adams v. Scrutchfield
Missouri Court of Appeals
Error .to Cooper Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. The court erred in refusing to permit the wife of defendant to testify as a witness in the trial of this cause. Plaintiff can hold defendant liable solely on the ground of her agency. Tuttle v. Hoag, 46 Mo. 38 ; Harshaio v. Merrymani, 18 Mo. 106. That being true, she is a competent witness.
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Error .to Cooper Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. The court erred in refusing to permit the wife of defendant to testify as a witness in the trial of this cause. Plaintiff can hold defendant liable solely on the ground of her agency. Tuttle v. Hoag, 46 Mo. 38 ; Harshaio v. Merrymani, 18 Mo. 106. That being true, she is a competent witness. Rev. Stat., sect. 4014. And if she were defendant’s agent to bind him for plaintiff’s debt, she was competent to testify as to the indebtedness. Rev. Stat., sect. 4014 ; Stanton v. Ryan, 41 Mo. 510. II. This…
1Opinion of the CourtEllison, J.
This action was commenced before a justice of the peace on an account for goods purchased of plaintiffs who are merchants. Plaintiffs recovered below and defendant prosecutes this writ of error. The evidence shows the goods to have been furnished to defendant' s wife and were mostly articles for the use of their daughter. If any purchases were made by the daughter they appear to have been made in the mother's presence. Both wife and daughter lived with defendant as members of his family. The objections urged here by defendant are as to the instructions given and refused; and in refusing to…
2Cases cited14 opinions
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- Cunningham v. ReardonMassachusetts Supreme Judicial Court · 1868
- Raynes v. BennettMassachusetts Supreme Judicial Court · 1874
- Barr v. ArmstrongSupreme Court of Missouri · 1874
- Williams' Admr. v. WilliamsSupreme Court of Missouri · 1878
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3Cited by12 opinions
- State Ex Rel. Division of Family Services v. StandridgeSupreme Court of Missouri · 1984
- Maget v. MagetMissouri Court of Appeals · 1900
- Reynolds v. RiceMissouri Court of Appeals · 1930
- County of Audrain v. MuirSupreme Court of Missouri · 1923
- MERCANTILE TRUST COMPANY NATIONAL ASS'N v. United StatesDistrict Court, E.D. Missouri · 1970
7 more not listed; retrieve them via the Exa API.