Fifty-Third National Bank v. McCrory
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ron. O. A. Lucas, Judge. The plaintiff by production of the notes and proof of the indorsements made a prima facie case without even the evidence of J. H. Youtsey. Ashbrook v. Letcher, 41 Mo. App. 369. Hearsay evidence is incompetent to establish any specific fact which in its nature is susceptible of being proved by witnesses who can speak from their own knowledge.
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Appeal from Jackson Circuit Court. — Ron. O. A. Lucas, Judge. The plaintiff by production of the notes and proof of the indorsements made a prima facie case without even the evidence of J. H. Youtsey. Ashbrook v. Letcher, 41 Mo. App. 369. Hearsay evidence is incompetent to establish any specific fact which in its nature is susceptible of being proved by witnesses who can speak from their own knowledge. Choutian v. Searcy, 8 Mo. 733; Allen v. Transit Co., 183 Mo. 411; Wood v. Hicks, 36 Mo. 326; Bates v. Forcht, 89 Mo. 121; Bloom’s Son Co. v. Maas, 130 Mo. App. 122; Morris v. Parry, 110 Mo.…
1Opinion of the CourtEllison, J.
This action is based on a petition in four counts, each on a promissory note of $160.67. There was a verdict, substantially by agreement, for' two of the notes, and also a verdict, after contest, on the other two. Defendants filed a motion for new trial, which was sustained by the trial court on the ground, as counsel for either side agree, that the verdict was against the weight of .the evidence; and plaintiff appealed from that order.
It appears that on April 4, 1908, the “Combined Distillers of Kentucky,” through their agent Haas, sold to defendants in Kansas City, Mo., ninety barrels of…
2Cases cited8 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Metropolitan Lead & Zinc Mining Co. v. WebsterSupreme Court of Missouri · 1906
- Herndon v. LewisSupreme Court of Missouri · 1903
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3Cited by2 opinions
- Fifth-Third National Bank v. McCroryMissouri Court of Appeals · 1915
- Jiner v. JinerMissouri Court of Appeals · 1914