Borders v. Barber
Supreme Court of Missouri
Appeal from Bollinger Circuit Court.—IIoh.J. JEL Nicholson, . Judge. The refusal of the court below to sustain defendant’s motions to suppress the depositions of Samuel Erazior, and their admission for plaintiff are manifest errors for which alone the cause should be reversed.
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Appeal from Bollinger Circuit Court.—IIoh.J. JEL Nicholson, . Judge. The refusal of the court below to sustain defendant’s motions to suppress the depositions of Samuel Erazior, and their admission for plaintiff are manifest errors for which alone the cause should be reversed. McLean v. Thorp, 4 Mo. 257; R. S. 1879, §§ 2152, 2153; Ober v. Pratte, 1 Mo. 80 ; Leak v. Flliot, 4 Mo. 446; Riggin v. Collier, 6 Mo. 568; p[ite v. Lenhart, 7 Mo. 22 ; Cox v. St. Louis, 15 Mo. 431; Mooney v. Kcnnctt, 19 Mo. 551; Charlotte v. Chouteau, 25 Mo. 465. The court should have permitted defendant to prove by…
1Opinion of the Court
Philips, C.
This is an action to recover judgment on a note executed by James Barber to William Ritchey, and to foreclose a mortgage given by said Ritchey to secure the payment of said note. The petition alleged the assignment *639of said note by Ritchey to plaintiff for value, in the usual course of trade before its maturity. The note was nonncgotiable. James Barber having died, the suit was revived against the defendant as his administrator.
The answer admitted the execution of the note and mortgage; but put in issue the assignment of the note and mortgage to plaintiff and denied that any part of…
2Cases cited23 opinions
- Nelson v. WoodruffSupreme Court of the United States · 1862
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- Scharfenburg v. BishopSupreme Court of Iowa · 1872
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- Central Bank v. ThayerSupreme Court of Missouri · 1904
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