McCombs v. Foster
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. Jas. H. Lay, Judge. (1) The statement of Foster that he signed the notes and cheeks attached as exhibits to his deposition was read to the jury without objection. The exclusion of the exhibits was based on a metaphysical definition of words. This case is on all fours with the last case decided by this court. Mfg. Co. v. Clay, 53 Mo.
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Appeal from the Bates Circuit Court. — Hon. Jas. H. Lay, Judge. (1) The statement of Foster that he signed the notes and cheeks attached as exhibits to his deposition was read to the jury without objection. The exclusion of the exhibits was based on a metaphysical definition of words. This case is on all fours with the last case decided by this court. Mfg. Co. v. Clay, 53 Mo. App. 412; 1 Greenleaf, sec. 581; State v. Clinton, 67 Mo. 385; State v. Owens, 73 Mo. 440; State v. Edclings, 71 Mo. 549; Rapalje & Lawrence Law Dictionary, p. 30 State v. Brooks, 99 Mo. 143; Shirts v. Overjohn, 60 Mo.…
1Opinion of the CourtEllison, J.
This is an action on a promissory note, in which the plaintiff was defeated in the trial court. The answer was non est factum, properly sworn to. On the trial plaintiff offered in evidence a number of bank checks, said to have been signed by defendant, and which defendant admitted he had signed, in his deposition taken by plaintiff in the cause, before trial.. The defendant at the trial denied the genuineness of' the signatures. The court thereupon refused to admit the cheeks. The checks could only have been used for the purpose of comparison of signatures with that attached to the note. It…
2Cases cited4 opinions
- State v. ClintonSupreme Court of Missouri · 1878
- Rose v. First National BankSupreme Court of Missouri · 1886
- Doud v. ReidMissouri Court of Appeals · 1893
- Singer Manufacturing Co. v. ClayMissouri Court of Appeals · 1893
3Cited by2 opinions
- McCombs v. FosterMissouri Court of Appeals · 1896
- DeArman v. TaggartMissouri Court of Appeals · 1896