Carp v. Queen Insurance
Supreme Court of Missouri
Appeal from Christian Circuit Court'. — flow. Asbury Burkhead, Judge. (1) Incompetent and illegal evidence was permitted to be introduced by plaintiff over defendants’ objection and exception, (a) All the testimony of W. O. Oldham, relative to the existence and objects of the National Board of Underwriters, and his information of its business and methods, shown by him to be wholly derived from what he had been told by others, was purely hearsay and incompetent. G-reenl.
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Appeal from Christian Circuit Court'. — flow. Asbury Burkhead, Judge. (1) Incompetent and illegal evidence was permitted to be introduced by plaintiff over defendants’ objection and exception, (a) All the testimony of W. O. Oldham, relative to the existence and objects of the National Board of Underwriters, and his information of its business and methods, shown by him to be wholly derived from what he had been told by others, was purely hearsay and incompetent. G-reenl. Ev., sec. 98; Chouteau v. Searcy, 8 Mo. 733; Atkisson v. Castle Garden, 28 Mo. 124. (b) The unverified and uncertified files…
1Opinion of the CourtGantt, J.
This is an appeal from the judgment of the circuit court of Christian county, wherein S. Carp recovered judgment against the Queen Insurance Company of America and others for $12,500 as damage for malicious prosecution.
The action was commenced on January 17,1903, in Lawrence county. A change of venue was granted the defendants to Greene county and the circuit court of Greene county granted the plaintiff a change of venue to Christian county. The cause was tried in the last-named county, at the August term of the court, and resulted in a verdict for the plaintiff and judgment accordingly.
The…
2Cases cited25 opinions
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Stevison v. EarnestIllinois Supreme Court · 1875
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
- Dunn v. DunnakerSupreme Court of Missouri · 1885
20 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Hadlock v. Director of RevenueSupreme Court of Missouri · 1993
- State Upon the Information of McKittrick v. WymoreSupreme Court of Missouri · 1939
- Arata v. Monsanto Chemical CompanySupreme Court of Missouri · 1961
- Dawes v. StarrettSupreme Court of Missouri · 1935
37 more not listed; retrieve them via the Exa API.