Sprague v. Sea
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John H. Sloybr, Judge. (1) This being a suit against an administrator, respondent was wholly incompetent to testify on any matter occurring prior to grant of letters of administration. The court err.d in permitting Miss Sprague to testify in the case. R. S. 1889, sec. 8918; Leeper v. Taylor, 111 Mo. 312; Nowack v. Berger, 133 Mo. 24. (a) Having a legal, direct and certain interest in the suit, she was disqualified.
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Appeal from Jackson Circuit Court. — Hon. John H. Sloybr, Judge. (1) This being a suit against an administrator, respondent was wholly incompetent to testify on any matter occurring prior to grant of letters of administration. The court err.d in permitting Miss Sprague to testify in the case. R. S. 1889, sec. 8918; Leeper v. Taylor, 111 Mo. 312; Nowack v. Berger, 133 Mo. 24. (a) Having a legal, direct and certain interest in the suit, she was disqualified. Banking House v. Rood, 132 Mo. 256. (2) The testimony of Mrs. Minnie Taylor as to value of service was purely an opinion on ordinary,…
1Opinion of the CourtGantt, P. J.
By this action plaintiff seeks to recover of the estate of Harvey M. Yaile compensation for her services rendered him in his lifetime as his housekeeper, and in attending to his other affairs from February, 1883, to June 4, 1894.
The petition contains two counts. The first is the common court of quantum meruit, and the second relies upon an express contract for said services.
Defendant for answer to the first count of plaintiff’s petition admits that he is the administrator of the estate of said Harvey M. Yaile, deceased, as stated in said petition. Admits that said Harvey M. Yaile furnished…
2Cases cited3 opinions
- Reardon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Reando v. MisplaySupreme Court of Missouri · 1886
- Kash v. ColemanSupreme Court of Missouri · 1898
3Cited by32 opinions
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Scott v. Missouri Pacific RailroadSupreme Court of Missouri · 1933
- Rouse v. CUVELIERMissouri Court of Appeals · 2012
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
- Lillard v. WilsonSupreme Court of Missouri · 1903
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