Legal Opinion

Traber v. Hicks

Supreme Court of Missouri

Decided November 26, 1895PublishedCited by 19 opinions

Appeal from Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) The testimony of E. T. Ehodus as contained in his deposition showed that his evidence was delivered from written memoranda, furnished him by other parties, and also furnished by the plaintiff, which the witness refused to allow the attorneys for defendants to inspect, or to permit the memoranda, to be inspected or copied by the notary or permit the memoranda or copies of same to be attached to his…

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Appeal from Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) The testimony of E. T. Ehodus as contained in his deposition showed that his evidence was delivered from written memoranda, furnished him by other parties, and also furnished by the plaintiff, which the witness refused to allow the attorneys for defendants to inspect, or to permit the memoranda, to be inspected or copied by the notary or permit the memoranda or copies of same to be attached to his deposition. Neither law nor right justifies such a method of preparing evidence by parties interested and the penalty of…

1Opinion of the CourtMacfarlane, J.

This action is for damages on account of alleged fraud and deceit. A trial resulted in a verdict and judgment for plaintiff and defendants appealed.

The petition charges in substance that plaintiff was the owner of a lot in Kansas City, one hundred by one hundred and fifty feet in extent; that prior to October 8, 1889, he had offered to sell the same to one Rhodus for the sum of $13,000, of which $4,000 was to be paid in cash; that Rhodus should have the right to borrow on each half, or fifty feet front, of the lot the sum of $11,000 and. secure the same by first deeds of trust on the…

2Cases cited5 opinions

  1. Hickman v. GreenSupreme Court of Missouri · 1894
  2. Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
  3. State ex rel. Johnson v. DunnSupreme Court of Missouri · 1875
  4. Delventhal v. JonesSupreme Court of Missouri · 1873
  5. Bell v. JamisonSupreme Court of Missouri · 1890

3Cited by19 opinions

  1. Smoot v. JuddSupreme Court of Missouri · 1904
  2. Carp v. Queen InsuranceSupreme Court of Missouri · 1907
  3. State v. MillerSupreme Court of Missouri · 1963
  4. Hilderbrand v. AndersonMissouri Court of Appeals · 1954
  5. Henry County v. Citizens BankSupreme Court of Missouri · 1907

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