Wilkerson v. Farnham
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) The court erred in admitting and excluding testimony. It was competent to prove by Tucker the value of the stable, and that the same and the damage for being kept out of possession of the lot sold to defendants, was not included in or settled in the note. A note is only prima facie a settlement of prior, dealings, and the contrary may be shown in action between the original parties to it.
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Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) The court erred in admitting and excluding testimony. It was competent to prove by Tucker the value of the stable, and that the same and the damage for being kept out of possession of the lot sold to defendants, was not included in or settled in the note. A note is only prima facie a settlement of prior, dealings, and the contrary may be shown in action between the original parties to it. The reply was'a general denial, and it was error to receive the testimony of Goodwin as to a contract different from that relied on by…
1Opinion of the Court
Martin, C.
This is an action on a promissory note in the sum of $825, dated July 15,1877, wherein the defendants, under the firm name of Earnham & Gilman, promised to pay to the order of G. R. Smith the amount aforesaid, for rent of a stable and yard for the past year. It bore interest at the rate of ten per cent per annum and was indorsed with certain credits amounting to about $30. As the points involved in this case arise out of the answer which is somewhat unusual in its form and import I will set out the material parts of it in the language of the pleader.
“ And for further answer…
2Cases cited9 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- McKyring v. . BullNew York Court of Appeals · 1857
- Hubler v. PullenIndiana Supreme Court · 1857
- Emery v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1883
- Stevens v. ThompsonSupreme Court of Kansas · 1870
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3Cited by20 opinions
- Bowman v. RahmoellerSupreme Court of Missouri · 1932
- Wilson v. WattSupreme Court of Missouri · 1959
- Citizens Trust Co. v. GoingSupreme Court of Missouri · 1921
- Tripp v. WadeSupreme Court of Florida · 1921
- Scudder v. AtwoodMissouri Court of Appeals · 1893
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