McElvain v. Garrett
Missouri Court of Appeals
Appeal from tbe Gentry Gircnit Court.—Hon. O. A. Anthony, Judge. (1) Plaintiff in error earnestly contends that under tbe circumstances disclosed by tbe evidence of plaintiffs on the trial of the cause, he was a competent witness in his own behalf, that he is fully under the exception set forth in section 8918, E. S. 1889. Miller v. Wilson, 126 Mo. 48; Orr v. Eode, 101 Mo. 387; Bank v. Payne, 111 Mo. 298; Williams y.
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Appeal from tbe Gentry Gircnit Court.—Hon. O. A. Anthony, Judge. (1) Plaintiff in error earnestly contends that under tbe circumstances disclosed by tbe evidence of plaintiffs on the trial of the cause, he was a competent witness in his own behalf, that he is fully under the exception set forth in section 8918, E. S. 1889. Miller v. Wilson, 126 Mo. 48; Orr v. Eode, 101 Mo. 387; Bank v. Payne, 111 Mo. 298; Williams y. Edwards, 94 Mo. 447; Stanton v. Eyan, 41 Mo. 510; Eoeder v. Shryock, 61 Mo. App. 485; Brim v. Fleming, 135 Mo. 597; Coughlin v. Haeussler, 50 Mo. 126. (2) We contend that all the…
1Opinion of the CourtSmith, P. J.
The plaintiffs are the administrators of the estate of Andrew M. McElvain. On Eebruary 4, 1884, the defendant executed a note to the intestate for $400 payable one year after date with interest at the rate of ten per cent from date, to be compounded annually. It stands admitted that on September 29, 1884, the defendant paid $50 on said note, as appears from the credit thereon indorsed. There was a credit of $4.63 thereon indorsed dated September 27, 1892. This suit was brought on said note on July 30, 1898.
The answer alleged that if there purported to be a credit on said 'note as of said…
2Cases cited12 opinions
- Goddard v. William's AdministratorSupreme Court of Missouri · 1880
- Horton v. BayneSupreme Court of Missouri · 1873
- Haver v. SchwyhartMissouri Court of Appeals · 1890
- Phillips v. MahanSupreme Court of Missouri · 1873
- Riney v. HillSupreme Court of Missouri · 1851
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3Cited by1 opinion
- Berryman v. BeckerMissouri Court of Appeals · 1913