Dawson v. Wombles
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. Witness Jno. W. M. Palmer had no interest in the note sued on, was not a party to the note sued on in this cause of action directly or indirectly, therefore does not •come within the provision of the statute. R. S. 1899, see. 4652. Even though the witness, Jno. W. M. Palmer acted as the agent of plaintiff, in receiving the payment of September, 1893, that fact of itself did not disqualify him as a witness.
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Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. Witness Jno. W. M. Palmer had no interest in the note sued on, was not a party to the note sued on in this cause of action directly or indirectly, therefore does not •come within the provision of the statute. R. S. 1899, see. 4652. Even though the witness, Jno. W. M. Palmer acted as the agent of plaintiff, in receiving the payment of September, 1893, that fact of itself did not disqualify him as a witness. It is the well-settled rule in this state that the agent may testify as to the terms of a contract made by the agent even…
1Opinion of the CourtGoode, J.
This case is on a note presented by the appellant Jennie L. Dawson against the estate of Jas. R. Palmer, deceased. The note was given July 2, 1887, to Nancy E. Palmer, the mother of the maker, for $515.50, due one day after date and drew interest at-eight per cent. It was indorsed by the payee to Jennie L. Palmer December 10,1888, and was credited with a payment of $22 on the fifth day of September, 1893. Respondent’s *274counsel contends it was not clear whether the credit was indorsed in 1891 or 1893; hut we must look to the transcript for the facts and the transcript shows it was indorsed in…
2Cases cited3 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Walker v. Wigginton's AdministratorSupreme Court of Alabama · 1874
- Chadwell's Adm'r v. ChadwellCourt of Appeals of Kentucky · 1896
3Cited by6 opinions
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Minor v. LillardSupreme Court of Missouri · 1957
- Dawson v. WomblesMissouri Court of Appeals · 1907
- Wagoner Undertaking Co. v. JonesMissouri Court of Appeals · 1908
- Brown v. ClickWest Virginia Supreme Court · 1906
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