Tremain v. Dyott
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Ho». W. N. Evans, Judge. (1) Plaintiff was incompetent under our law to testify to any fact concerning this transaction, because of the death of Geo. ~W. Neily, with whom plaintiff had all the transactions concerning the matters sued on in this action. Crow v. Crow, 124 Mo.
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Appeal from Howell Circuit Court. — Ho». W. N. Evans, Judge. (1) Plaintiff was incompetent under our law to testify to any fact concerning this transaction, because of the death of Geo. ~W. Neily, with whom plaintiff had all the transactions concerning the matters sued on in this action. Crow v. Crow, 124 Mo. App. 120; Williams, Admr. v. Perkins, 83 Mo. 379; Bntts, Admr. v. Phelps, 79 Mo. 302. (2) After excluding plaintiff’s testimony there is absolutely no- evidence left to support the verdict of the court. (3) The judgment will be reversed when the action of the trial court is bound to be…
1Opinion of the CourtNixon, P. J.
This was an action brought on June 24,1908, by Clara Tremain, in the Howell county circuit court against John C. Dyott, the surviving’ joint obligor in a bond executed to plaintiff on January 25, 1904, at Elmira, New York. The prayer in the plaintiff’s petition was for $1,825- with interest. Upon trial before the court sitting as a jury, plaintiff was awarded judgment for $1,200 and interest in the sum of $210, making a total of $1,410. Defendant has appealed.
The bond sued on in this action is as follows:
“Know all men by these presents, That we, Geo. W. Neily and John C. Dyott, both of…
2Cases cited13 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
- State v. GilmoreSupreme Court of Missouri · 1892
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Maxwell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
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- Allen v. AllenNevada Supreme Court · 1920