Close v. Hurst
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) To make the wife a competent witness, the transaction must be had and conducted by the wife as agent of her husband. Hearle v. Kreihn, 65 Mo. 205; Lyan v. Hockaday, 162 Mo. 122; Wilden v. McAllester, 91 Mo. App'. 45.1; Bank v. Wright, 104 Mo. App-. 242; Orchard v. Collier, 171 Mo. 399; Fishback v. Harrison, 137 Mo. App. 668; Gardner v. Railroad, 124 Mo. App. 461; Kee v. Freeman, 125 Mo.
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Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) To make the wife a competent witness, the transaction must be had and conducted by the wife as agent of her husband. Hearle v. Kreihn, 65 Mo. 205; Lyan v. Hockaday, 162 Mo. 122; Wilden v. McAllester, 91 Mo. App'. 45.1; Bank v. Wright, 104 Mo. App-. 242; Orchard v. Collier, 171 Mo. 399; Fishback v. Harrison, 137 Mo. App. 668; Gardner v. Railroad, 124 Mo. App. 461; Kee v. Freeman, 125 Mo. App. 717; Kuenzen v. Stevens, 155 Mo. 286. (2) The court over the objection of the plaintiff permitted the defendant to testify to a verbal…
1Opinion of the CourtCox, J.
Action in replevin for possession of a stove and sewing machine. Action begun before a justice of the peace, appealed to the circuit court, where, upon trial before a jury, a verdict was .returned in favor of defendant and plaintiff has appealed. The plaintiff had sold the articles in question to defendant upon the installment plan and defendant was to pay one dollar each week until the amount of the purchase price had been paid. He had .paid a large part of the purchase price when the *77payments ceased and the plaintiff replevied the stove and machine under chattel mortgages that were taken to…
2Cases cited2 opinions
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- Orchard v. CollierMissouri Court of Appeals · 1903
3Cited by3 opinions
- Jeffords v. DreisbachMissouri Court of Appeals · 1913
- Schneider v. JohnsonMissouri Court of Appeals · 1911
- Collins v. John Pfingsten Leather Co.Missouri Court of Appeals · 1916