Stanton v. Ryan
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. William Stanton being dead, the plaintiffs (bis survivors) were not competent witnesses in their own behalf, and especially to testify on this point as to whether there was or was not a contract. II. If they were competent for such purposes, then the defendant was alike competent on the same principle for the same purposes: III. It was error to refuse permission to defendant to testify as to the agency of his wife in the transaction.
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Appeal from St. Louis Circuit Court. I. William Stanton being dead, the plaintiffs (bis survivors) were not competent witnesses in their own behalf, and especially to testify on this point as to whether there was or was not a contract. II. If they were competent for such purposes, then the defendant was alike competent on the same principle for the same purposes: III. It was error to refuse permission to defendant to testify as to the agency of his wife in the transaction. IY. The wife was permitted to testify to the agency and some acts done under the agency ; and it was fatal error to…
1Opinion of the CourtWagner, Judge
The questions presented by the record and which are submitted for our consideration grow out of the statute in relation to witnesses. There was no error in allowing the plaintiffs as surviving partners to testify, as the action was brought on an account or quantum meruit, and the defendant had the right, and full opportunity was afforded him, to interpose his own testimony in opposition to theirs. But he went further and sought to set up a contract for the erecting of the building made with the senior partner of the firm, who was dead at the time of the trial, and to sustain this contract…
2Cited by34 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Freeman v. BerberichSupreme Court of Missouri · 1933
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Johnson v. QuarlesSupreme Court of Missouri · 1870
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