Redpath Bros. v. Lawrence
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — ITow. Cyrus A. Anthony, Judge. (1) The exclusion of plaintiffs’ letter of inquiry to defendants concerning Daggett’s solvency, and their answer thereto, is admissible as part of the res gestee (Greenl. Ev. [12 Ed. — Redfield’s] secs. 108-112), and contradicts the allegation and evidence of defendants as to their ignorance of Redpath’s claim. Schradski v. Albright, 93 Mo. 42-48; Traynick v. Keeble, 8 S. Rep.
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Appeal from the Nodaway Circuit Court. — ITow. Cyrus A. Anthony, Judge. (1) The exclusion of plaintiffs’ letter of inquiry to defendants concerning Daggett’s solvency, and their answer thereto, is admissible as part of the res gestee (Greenl. Ev. [12 Ed. — Redfield’s] secs. 108-112), and contradicts the allegation and evidence of defendants as to their ignorance of Redpath’s claim. Schradski v. Albright, 93 Mo. 42-48; Traynick v. Keeble, 8 S. Rep. (Ala.) 573; Bishop on Contracts, sec. 642; Bigelow on Fraud, p. 410, and cases cited. For “every detail, however minute, should be spread before…
1Opinion of the CourtGill, J.
At the first trial of this cause in the circuit court, pláintiffs had. judgment, and defendants by an appeal to this court secured a reversal. On a second trial in the court below, and on the same evidence as before, a verdict was returned and judgment entered for defendants, and the case is now here on an appeal by plaintiffs. For a full understanding of the controversy, we now refer to 42 Mo. App. 101.
I. The first matter of complaint relates to the action of the trial court in excluding a certain letter of plaintiffs to defendants,- of date December, 1887, and answer thereto by defendants.…
2Cases cited2 opinions
- Redpath Bros. v. LawrenceMissouri Court of Appeals · 1890
- Kansas City, Fort Scott & Southern Railway Co. v. CoxMissouri Court of Appeals · 1890