Cannon v. Moore
Missouri Court of Appeals
Error, to Jackson Circuit Court, Hon. P. M. Black,. Judge.' Statement of the case by the court. This is an action on a negotiable promissory note, executed by Thomas Knox, defendant’s intestate, in October, 1879, to one C. A. Wright, for the sum of $280, due-thirty days after date. The note, the day after its execution, was transferred by indorsement to one John K. Landis, who instituted this suit.
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Error, to Jackson Circuit Court, Hon. P. M. Black,. Judge.' Statement of the case by the court. This is an action on a negotiable promissory note, executed by Thomas Knox, defendant’s intestate, in October, 1879, to one C. A. Wright, for the sum of $280, due-thirty days after date. The note, the day after its execution, was transferred by indorsement to one John K. Landis, who instituted this suit. During pendency of suit, Landis assigned the action to James S. Cannon,, irr whose name the suit is continued. The material facts, developed by pleadings and evidence. are substantially as follows…
1Opinion of the Court
Opinion by
Philips, P. J.
1. The first objection lodged- against the action of the trial court is the admission of the evidence of the widow of Knox. It is claimed that this evidence comes within tlie rule of incompetency declared in Holman v. Bacchus (73 Mo. 49.) In that case section 4014 of Devised Statutes, 1879, was construed by the court to disqualify the surviving wife as a witness to prove what was said by another in conversation with.her husband, even though she did not detail what the husband said; and, further, that said section renders her incompetent to prove any act done by the…
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