Ess v. Griffith
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. íScareitt, Judge. (1) The court erred in permitting the defendant, Pierce, to testify as to the alleged conversations between said Pierce and the deceased, Fowler. R. S. 1889, sec. 8918; Messimer v. McCray, 113 Mo. 382; Leach v. McFadden, 110 Mo. 584; Williams v. Fdivards, 94 Mo. 447; Nichols v. Jones, 32 Mo.
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Appeal from Jackson Circuit Court. — Hon. E. L. íScareitt, Judge. (1) The court erred in permitting the defendant, Pierce, to testify as to the alleged conversations between said Pierce and the deceased, Fowler. R. S. 1889, sec. 8918; Messimer v. McCray, 113 Mo. 382; Leach v. McFadden, 110 Mo. 584; Williams v. Fdivards, 94 Mo. 447; Nichols v. Jones, 32 Mo. App, 657; Meier v. Thieman, 90 Mo. 433; Oreenleaf on Evidence, secs. 394, 397, 398 and 417. (2) The trial court based its ruling upon the case of Tomlinson v. FUison, 104 Mo. 105, but we respectfully submit that that portion of the decision…
1Opinion of the CourtMacfarlane, J.
Plaintiff, as administrator of Charles T. Fowler, sued defendants Griffith, the Great Western Type Foundry and S. A. Pierce for the conversion of certain printing presses, type, etc., claimed as the property of plaintiff’s intestate. Several trials have occurred in the circuit court, and this is the second appeal. The first will be found reported in 128 Mo. 53, where a full statement of facts will be found.On the first appeal the judgment was reversed and a new trial was ordered. The retrial resulted in a verdict and judgment for defendant and the plaintiff appealed.
We briefly restate the…
2Cases cited11 opinions
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Greenway v. JamesSupreme Court of Missouri · 1864
- Young v. GlascockSupreme Court of Missouri · 1883
- Shortel v. City of St. JosephSupreme Court of Missouri · 1891
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3Cited by34 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- McClenahan v. KeyesCalifornia Supreme Court · 1922
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
29 more not listed; retrieve them via the Exa API.