Laumeier v. Gehner
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court erred in excluding competent evidence on behalf of plaintiff: First. Plaintiff’s testimony as to what Laumeier, deceased, did with the note upon indorsing it, and the subsequent custody of the box containing it. Second. Schedule made by Laumeier, deceased, before indorsement of note in suit, of notes in his possession, including said notes. Third.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court erred in excluding competent evidence on behalf of plaintiff: First. Plaintiff’s testimony as to what Laumeier, deceased, did with the note upon indorsing it, and the subsequent custody of the box containing it. Second. Schedule made by Laumeier, deceased, before indorsement of note in suit, of notes in his possession, including said notes. Third. Testimony as to declaration of Laumeier, deceased, as to his giving notes to the plaintiff. (2) The court erred in admitting incompetent evidence offered by…
1Opinion of the CourtBrace, J.
This is an action commenced on the twenty-sixth of April, 1889, on a promissory note executed by the defendant on the twenty-eighth of April, 1879, payable twenty days after date to H. H. Laumeier or order for the sum of $2,500, with interest from date at the rate of ten per cent, per annum, which the *125plaintiff avers the said Laumeier assigned by indorsement and delivered to her.
The answer admitted the execution of the note, denied the assignment and contained the following special plea: “That for many years prior to the death of said H. H. Laumeier, which occurred on the eleventh day of…
2Cited by17 opinions
- Irving Trust Co. v. DeutschCourt of Appeals for the Second Circuit · 1934
- McCourt v. Singers-BiggerCourt of Appeals for the Eighth Circuit · 1906
- Caldwell v. EubanksSupreme Court of Missouri · 1930
- In re Swofford Bros. Dry Goods Co.District Court, W.D. Missouri · 1910
- Klinicki v. LundgrenOregon Supreme Court · 1985
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