Ashbrook v. Letcher
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. Hon. W. W. Edwards, Judge. (1) The verdict was against the evidence, and wholly without evidence to support it; and plaintiffs’ motion should have been sustained upon this point.
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Appeal from the St. Louis County Circuit Court. Hon. W. W. Edwards, Judge. (1) The verdict was against the evidence, and wholly without evidence to support it; and plaintiffs’ motion should have been sustained upon this point. ( 2) That the deposition of defendant, admitted upon and after proof of the death of Mrs. Julia A. Letcher in 1884, was clearly inadmissible, is res adjudícala, since the cases of Meier v. Thieman, 90 Mo. 442; Ring v. Jamison, 66 Mo. 424; Angelí v. Hester, 64 Mo. 142 ; 1 Whart. Ev., sec. 466; Chapman v. Dougherty, 87 Mo. 609 ; 1 Grreenl. Ev., secs. 392, 386, 390.
1DissentThompson, J.
(dissenting) — This is an action upon a promissory note for the principal sum of six hundred dollars and accrued interest at the rate of ten per cent, per annum, executed on the twenty-second day of April, 1875, by the defendant, Giles C. Letcher, in favor of Julia A. Letcher, and indorsed by Julia A. *376Letcher and also by one J. A. Nies. The petition alleges that the defendant made and delivered the note to Julia A. Letcher, who indorsed and delivered it to J. A. Nies, by whom it was indorsed and delivered to the Market Street Bank; that subsequently the bank sold, transferred and delivered…
2Cases cited28 opinions
- Dyer v. BrannockSupreme Court of Missouri · 1877
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
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