McMorrow v. Dowell
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Eon. Damd E. Ety} Judge. Mrs. Levy was not a competent witness for the reason that at the time plaintiff claims the contract for hire was made the plaintiff was of such tender years she was incapable of contracting. And if the contract was made which Mrs. Levy testifies to, it was made between Mrs. Levy and Mrs. Roberts, and Mrs. Roberts being dead, Mrs. Levy was incompetent as a witness.
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Appeal from Pike Circuit Court. — Eon. Damd E. Ety} Judge. Mrs. Levy was not a competent witness for the reason that at the time plaintiff claims the contract for hire was made the plaintiff was of such tender years she was incapable of contracting. And if the contract was made which Mrs. Levy testifies to, it was made between Mrs. Levy and Mrs. Roberts, and Mrs. Roberts being dead, Mrs. Levy was incompetent as a witness. Ashbury v. Hinklin, 81 S. W. 390, 181 Mo. 658; Banking House v. Rood, 132 Mo. 256, 33 S. W. 816; Eyermann v. Pirón, 151 Mo. 107,118, 52 S. W. 229; O’Bryan v. Allen, 108 Mo.…
1Opinion of the CourtGoode, J.
(after stating the facts.) — There was evidence which justified the jury in allowing the plaintiff’s demand for the value of the horse. Though Mrs. Roberts sold it and kept the proceeds several witnesses swore to statements by her that the animal belonged to the plaintiff. It is insisted that the demand by plaintiff’s attorney for her personal property and the delivery of certain property to him by the deceased, constituted a settlement of all controversies between the parties which bars plaintiff from recovering either for services or any property of hers retained by the deceased. This…
2Cases cited17 opinions
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Curd v. BrownSupreme Court of Missouri · 1899
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wurth Ex Rel. Gershenson v. WurthSupreme Court of Missouri · 1959
- Dilger v. Estate of McQuadeWisconsin Supreme Court · 1914
- Evans v. Kansas City Bridge Co.Missouri Court of Appeals · 1923
- Crowley v. DagleyMissouri Court of Appeals · 1913
- Wharton v. DenbyMissouri Court of Appeals · 1927
4 more not listed; retrieve them via the Exa API.