Evers & Hunt v. Shumaker
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. ' (1) Evidence of payment (or performance) is not admissible under a general denial. McKyring v. Bull, 16 N. Y. 297; WilTcerson v. Farnham, 82 Mo. 672, loe. cit. 678. (2) If tben defendant is precluded by Ms answer from proving payment, nonpayment stands admitted. 18 Am. and Eng.
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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. ' (1) Evidence of payment (or performance) is not admissible under a general denial. McKyring v. Bull, 16 N. Y. 297; WilTcerson v. Farnham, 82 Mo. 672, loe. cit. 678. (2) If tben defendant is precluded by Ms answer from proving payment, nonpayment stands admitted. 18 Am. and Eng. Encyclopedia of Law, p. 253, note 1; Wolf v. Rail, 62 Ala.124. (3) Instruction number 5 is erroneous because it ignores the other issues in the ease, and introduces matter wholly foreign to the issues. (4) Instruction number 6 is erroneous because…
1Opinion of the CourtSmith, P. J.
— This is an action to recover damages for the failure on the part of defendant to deliver rent corn under the provisions of a lease. There was a trial by the court and jury which resulted in judgment for defendant, from which plaintiffs have appealed.
The errors complained of arise out of the action of the court in the giving and refusing of instructions.
The plaintiffs to maintain the issues on their behalf introduced in evidence a written lease from themselves to the defendant of a certain farm, known as the Madden .farm, for one year for the use of which defendant agreed ‘ ‘to give…
2Cases cited5 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Lanitz v. KingSupreme Court of Missouri · 1887
- Bunce v. BeckSupreme Court of Missouri · 1869
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- James Halpin Manufacturing Co. v. School District of CaliforniaMissouri Court of Appeals · 1893
3Cited by2 opinions
- Carroll v. People's Railway Co.Missouri Court of Appeals · 1895
- Clark v. PatzackSupreme Court of Oklahoma · 1952