Morrison v. Hancock
Supreme Court of Missouri
Appeal from Si. Louis Circuit Court. I. The receipts or tickets are evidence, and should not have been excluded. Whenever the act of the agent is admissible, his declarations, at the time, are evidence as part of the res gestee — 1 Greenl. Ev. § 113 ; Gamble v. Johnson, 9 Mo. 616 ; Marr v. Hill, 10 Mo. 323 ; Pool v. Bridges, 4 Pick. 378; Odd Fellows’ Hall v. Musser, 24 Penn. 510; Crowther v. Gibson, 19 Mo. 365. II.
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Appeal from Si. Louis Circuit Court. I. The receipts or tickets are evidence, and should not have been excluded. Whenever the act of the agent is admissible, his declarations, at the time, are evidence as part of the res gestee — 1 Greenl. Ev. § 113 ; Gamble v. Johnson, 9 Mo. 616 ; Marr v. Hill, 10 Mo. 323 ; Pool v. Bridges, 4 Pick. 378; Odd Fellows’ Hall v. Musser, 24 Penn. 510; Crowther v. Gibson, 19 Mo. 365. II. The court had no-right verbally to instruct the jury— Prac. at Law, 1268, § 47, E. O. 1855 ; Mattison v. State, 6 Mo. 402; Bichler v. Coonce, 9 Mo. 347, 350. III. The plaintiff, in…
1Opinion of the CourtFagg, Judge
The giving of improper instructions, and the exclusion of competent evidence offered on the part of the appellant; constituted the errors chiefly complained of in this case.
This was a proceeding in the St. Louis Circuit Court to enforce a lien against the Southern Hotel, in the city of St. Louis, for lumber furnished for the building of the same. The defendants, Hancock & Stannard, were alleged to be the contractors for the building, and the parties at whose instance the materials were furnished.
The suit was dismissed as to Stannard, and upon the trial the jury found for the plaintiff only as…
2Cited by15 opinions
- Colter v. FreseIndiana Supreme Court · 1873
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- Simmons, Garth & Co. v. CarrierSupreme Court of Missouri · 1875
- Fitch v. HowittOregon Supreme Court · 1898
- People ex rel. H. Houghton & Sons v. TravesMichigan Supreme Court · 1915
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