Hay v. American Fire Clay Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Charles Claflin Allen, Judge. The court erred in admitting over defendant’s objection, Exhibit A, offered by plaintiff which was a carbon copy of a memorandum drawn up by the witness Crawford several days after the making of the alleged oral agreement between plaintiff and defendant on July 8, 1911. The admission of this memorandum was error because: First: It was not the contract sued upon and was in fact no contract at all…
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Appeal from St. Louis City Circuit Court. — Son. Charles Claflin Allen, Judge. The court erred in admitting over defendant’s objection, Exhibit A, offered by plaintiff which was a carbon copy of a memorandum drawn up by the witness Crawford several days after the making of the alleged oral agreement between plaintiff and defendant on July 8, 1911. The admission of this memorandum was error because: First: It was not the contract sued upon and was in fact no contract at all for it was signed by nobody. Second: It was not admissible as an original memorandum because it was not made at the time…
1Opinion of the CourtNortoni, J.
(after stating the facts). — It appears the unsigned writing introduced in evidence was typewritten and that used on the trial was a carbon copy. The witness Crawford testified that what is known both as an original and a carbon copy were made at the same time, and the carbon copy was furnished to plaintiff by him. Plaintiff approved it as setting forth the terms of the agreement, and it seems *575retained this carbon copy. The original, made at the same time as the carbon copy, was neither produced nor called for, and the witness did not know its whereabouts. Because of this alone, it is urged…
Also in this document: Concurrence.
2Cases cited5 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Bond v. SandfordMissouri Court of Appeals · 1908
- Wells v. HobsonMissouri Court of Appeals · 1902
3Cited by4 opinions
- Elias v. Boone Timber Co.West Virginia Supreme Court · 1920
- Finnell v. KelloggMissouri Court of Appeals · 1916
- Chrismer v. ChrismerOhio Court of Appeals · 1956
- Hull v. CartinIdaho Supreme Court · 1940