Stuyvaert v. Arnold
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. This is a suit on a contract, if any cause of action is stated in the petition; and the other party to the contract sued on being dead, the plaintiff was not a competent witness to prove the contract nor his compliance with the terms of it, on his part. R. S. 1899, sec. 4652; Waltemar v. Schnick’s Estate, 102 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. This is a suit on a contract, if any cause of action is stated in the petition; and the other party to the contract sued on being dead, the plaintiff was not a competent witness to prove the contract nor his compliance with the terms of it, on his part. R. S. 1899, sec. 4652; Waltemar v. Schnick’s Estate, 102 Mo. App. 142. (1) Appellant having failed to object to the competency of Avitness Stuyvaert in the lower court, cannot now .for the first time raise the objection in this court. Hickman v. Green, 123 Mo. 172; Sprague…
1Opinion of the CourtGoode, J.
Plaintiff is the son of Adeline Stuyyaert, deceased, and defendant, William J. Arnold, is her execntor. She died July 8, 1903. The petition alleges that plaintiff resided with his mother in her home from his birth in 1869 to 1899, a period of thirty years. About January 1, 1891, it was agreed between plaintiff and his mother that he should pay over to her his weekly earnings to be by her preserved and saved for him, after deducting whatever was required for the living and household expenses of the two; that the remainder should be the property of plaintiff and restored to him on his demand;…
2Cases cited10 opinions
- Hickman v. GreenSupreme Court of Missouri · 1894
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Sprague v. SeaSupreme Court of Missouri · 1899
- Seligman v. RogersSupreme Court of Missouri · 1893
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3Cited by1 opinion
- Quigley v. KingMissouri Court of Appeals · 1914