Smith v. Busby
Supreme Court of Missouri
ERROR to Clinton Circuit Court. 1. 'Ihe cirtfuit court erred upon the trial of the cause, as well in the rejection of evidence offered by the plaintiff, as in permitting the defendant to give to the jury irrelevant, illegal and incompetent evidence, though objected to by the plaintiff.
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ERROR to Clinton Circuit Court. 1. 'Ihe cirtfuit court erred upon the trial of the cause, as well in the rejection of evidence offered by the plaintiff, as in permitting the defendant to give to the jury irrelevant, illegal and incompetent evidence, though objected to by the plaintiff. The evidence offered by the plaintiff which was excluded by the court, would have shown that the contract or covenant, set up by the defendant, as a bar to the action, and the promise to pay the money by the defendant, as is specified in the note sued on, were independent covenants and promises, and that the…
1Opinion of the CourtScott, J.
This was a petition in debt in attachment, begun by Smith, assignee of John Townsend, against Milton Busby on a note executed by Busby for $337 50 payable 15th May, 1847, and dated May 20th, 1845. Plea the general issue. On the trial, after proving the assignment, the plaintiff read the nata in evidence, after which the defendant proved that the- note sued on was given as part purchase money for two tracts of *390land of 160 acres each. At the time of giving the note, a certificate of pre-emption was passed to Busby for one qurter section and a bond executed by Townsend, the assignor, of the note…
2Cited by10 opinions
- Waugh v. WilliamsSupreme Court of Missouri · 1938
- Turner v. MellierSupreme Court of Missouri · 1875
- Pershing v. CanfieldSupreme Court of Missouri · 1879
- Butler v. MannySupreme Court of Missouri · 1873
- Smith v. HutchinsonSupreme Court of Missouri · 1875
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