Legal Opinion

Woolner v. Levy

Missouri Court of Appeals

Decided March 7, 1892PublishedCited by 4 opinions

Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The court erred in refusing to admit evidence offered by appellant as to the declarations made by the witness, Holloway, while he was in possession of the furniture in question. TJpdyke v. Wheeler, 37 Mo. App. 680. (2) It was error to admit evidence of the attempted compromise and settlement between Levinson, attorney for appellant, and Wurmser. 2 Whart.

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Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The court erred in refusing to admit evidence offered by appellant as to the declarations made by the witness, Holloway, while he was in possession of the furniture in question. TJpdyke v. Wheeler, 37 Mo. App. 680. (2) It was error to admit evidence of the attempted compromise and settlement between Levinson, attorney for appellant, and Wurmser. 2 Whart. Ev. [3 Ed.] sec. 1090. (3) The court erred in allowing the witness, Young, to testify as to his purpose and Levy’s purpose in making this chattel mortgage to apjjellant. 1…

1Opinion of the CourtGill, J.

The nature of this controversy may be understood by a recital of the more prominent facts. Wurmser sold to Levy the necessary furniture to equip a large boarding house in Kansas City; and to secure the balance due, to-wit, about $3,760, Levy made to Wurmser a chattel mortgage covering the entire furniture, etc.,-of the house. By the terms of the note and mortgage Levy was to pay Wurmser in monthly installments of $100 for the first three months, and $200 monthly thereafter on the fifteenth of each month.

*472S. S. Winn owned the house and rented to Levy by written lease with Wurmser as security.…

2Cases cited2 opinions

  1. Landis v. SaxtonSupreme Court of Missouri · 1886
  2. Campbell v. SeeleyMissouri Court of Appeals · 1889

3Cited by4 opinions

  1. Hudson Bro's Commission Co. v. Glencoe Sand & Gravel Co.Supreme Court of Missouri · 1897
  2. Andrews v. Bank of Buchanan CountyMissouri Court of Appeals · 1921
  3. Robbins v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
  4. Payne v. PayneMissouri Court of Appeals · 1894

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