Wagner v. Jacoby
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. This was an action for work and labor and materials furnished. It was originally commenced before a justice of the peace. At the trial the defendant offered in evidence a receipt purporting to be a receipt in full. The plaintiff objected to the reading of the receipt until certain alleged alterations and erasures were explained.
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Appeal from St. Louis Law Commissioner’s Court. This was an action for work and labor and materials furnished. It was originally commenced before a justice of the peace. At the trial the defendant offered in evidence a receipt purporting to be a receipt in full. The plaintiff objected to the reading of the receipt until certain alleged alterations and erasures were explained. The court desired for its own information evidence to be given in reference to the alleged alterations. Certain witnesses were sworn and did testify in the presence of the jury in reference to said matters, to the effect…
1Opinion of the CourtRichardson, Judge
It was competent for the plaintiff to prove that the receipt offered in evidence by the defendant had been altered, or the jury could have found the fact if the suspicious circumstances on the face of the paper warranted that conclusion; but it was improper to permit the witnesses who had no previous knowledge of the receipt to give their -opinions on the subject. They did not profess to have any superior skill in such matters, and the jury was as competent as they were to draw proper conclusions from the appearance of the instrument. (Swan v. O’Fallon et al., 7 Mo. 331.)
*532The defendant duly…
2Cases cited2 opinions
- Fine v. RogersSupreme Court of Missouri · 1851
- Desloge v. RangerSupreme Court of Missouri · 1842
3Cited by7 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- State v. TompkinsSupreme Court of Missouri · 1880
- Rindskoff Bros. v. LymanSupreme Court of Iowa · 1864
- Prince v. ColeSupreme Court of Missouri · 1859
- Gray v. HeslepSupreme Court of Missouri · 1862
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