Zollman v. Tarr
Missouri Court of Appeals
Appeal from Oedar Circuit Court-. — Hon. H. C. Timmonds, Judge. (1) The court committed error in permitting defendant’s witness Bid Evans to testify to the contents of the note or letter, mentioned in the abstract of the testimony, for the reasons that it is not shown by the evidence: Eirst. That the pretended note was in Zollman’s handwriting. Second. That Zollman signed, authorized, or in any manner executed any such note at any time. Third.
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Appeal from Oedar Circuit Court-. — Hon. H. C. Timmonds, Judge. (1) The court committed error in permitting defendant’s witness Bid Evans to testify to the contents of the note or letter, mentioned in the abstract of the testimony, for the reasons that it is not shown by the evidence: Eirst. That the pretended note was in Zollman’s handwriting. Second. That Zollman signed, authorized, or in any manner executed any such note at any time. Third. That Zollman ever at any time delivered any such note to any one. Bank v. Berthold, 45 Mo. 527; Hamilton v. Berry, 74 Mo. 176; Perry’s Administrator v.…
1Opinion of the CourtSmith, P. J.
— The case disclosed by the record seems to be about this: The plaintiff claimed that he sold the defendant a threshing machine for $1,200, and that the defendant had paid him $800 of the purchase price and had refused to pay the remaining unpaid $400. The defendant’s defense to the plaintiff’s demand was that the purchase price agreed on for the threshing machine was only $800, which amount he had paid plaintiff and so did not owe the $400 demanded by the plaintiff. There was a trial in the court below when the defendant had judgment.
During the progress of the trial the defendant called one…
2Cases cited4 opinions
- Perry's Administrators v. RobertsSupreme Court of Missouri · 1852
- Attwell v. LynchSupreme Court of Missouri · 1867
- Holman v. BacchusMissouri Court of Appeals · 1887
- Hamilton v. BerrySupreme Court of Missouri · 1881
3Cited by1 opinion
- Home Insurance Co. of New York v. SavageMissouri Court of Appeals · 1937