Short v. Thomas
Missouri Court of Appeals
Appeal from Barry County Circuit Court. — Now. Carr McNatt, Judge. (1) The Court erred in permitting defendant to testify that he owed only one-third of the original note, while the note itself showed the defendant was liable for all of it; in permitting defendant to testify that the payee had said that Henry Short had paid all he owed on the note; in permitting Gillie Short, the wife of one of the makers of the note sued on, to testify to statements and conversations of her…
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Appeal from Barry County Circuit Court. — Now. Carr McNatt, Judge. (1) The Court erred in permitting defendant to testify that he owed only one-third of the original note, while the note itself showed the defendant was liable for all of it; in permitting defendant to testify that the payee had said that Henry Short had paid all he owed on the note; in permitting Gillie Short, the wife of one of the makers of the note sued on, to testify to statements and conversations of her dead husband; permitting the defendant to testify concerning .acts, statements and declarations of Henry Short, his…
1Opinion of the CourtFarrington, J.
Suit on note. Judgment for defendant. Appeal brought to this court by the plaintiff.
In January, 1913, the appellant instituted this suit against the respondent, the petition being in the usual form followed in such actions, based upon the following promissory note:
“Aurora, Mo., Dec. 30, 1907.
“$401.01.
“For value received, six months after date, I, or we, promise to pay to the order of F. S. Short, at the Bank of Aurora, four hundred one and one-hundredths dollars. Negotiable and payable without defalcation or discount and with interest from date at the rate of eight per cent per annum, payable…
2Cases cited27 opinions
- Long v. MartinSupreme Court of Missouri · 1899
- State v. BixmanSupreme Court of Missouri · 1901
- Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
- DeBerry v. WheelerSupreme Court of Missouri · 1895
- Kronenberger v. BinzSupreme Court of Missouri · 1874
22 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fricke v. BelzMissouri Court of Appeals · 1944
- Buhler Mill & Elevator Co. v. JollyMissouri Court of Appeals · 1924
- Connecticut Mutual Life Insurance v. CarsonMissouri Court of Appeals · 1914
- Joseph S. Baum Mercantile Co. v. LevinMissouri Court of Appeals · 1915
- McNeill v. Wabash Railway Co.Missouri Court of Appeals · 1921