Hoehn v. Struttmann
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. Judge Bland concurring, Judge Bond dissenting. The court erred in refusing instruction number 5 offered by plaintiff. Miss Borgmann being dead, the defendant’s mouth was closed by the statute from testifying to any verbal contract made with deceased.
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Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. Judge Bland concurring, Judge Bond dissenting. The court erred in refusing instruction number 5 offered by plaintiff. Miss Borgmann being dead, the defendant’s mouth was closed by the statute from testifying to any verbal contract made with deceased. Aside from the statutory provisions in this class of cases, the court erred in permitting defendant to be examined by her attorney upon other matters than such as she was examined on in chief. Caughlin v. Haeussler, 50 Mo. 126; Allen v. Chotiteau, 102 Id. 309. The defendant was…
1Opinion of the CourtBiggs, J.
The plaintiff is the executor of the estate of Lizzie Borgmann, deceased. On the twenty-seventh day of January, 1896, he filed in the - probate court of Montgomery county an affidavit in which he charged that the defendant had concealed and embezzled or wrongfully withheld certain notes belonging to *402the estate of the deceased. The defendant denied the charge under oath. Thereupon the executor, by leave of the probate court, filed interrogatories as provided by section 75 of the statute. These interrogatories were answered by the defendant. She admitted that she held the notes, and that they…
2Cases cited4 opinions
- Tomlinson v. EllisonSupreme Court of Missouri · 1891
- Moss v. SandefurSupreme Court of Arkansas · 1854
- Gordon v. EansSupreme Court of Missouri · 1888
- Estate of Stuart v. StuartMissouri Court of Appeals · 1896
3Cited by10 opinions
- Estate of Huffman v. HuffmanMissouri Court of Appeals · 1908
- Clinton v. ClintonSupreme Court of Missouri · 1909
- Lemp Brewing Co. v. SteckmanMissouri Court of Appeals · 1914
- Moore v. ShifflettCourt of Appeals of Kentucky · 1920
- Caron v. Old Reliable Gold Mining Co.New Mexico Supreme Court · 1904
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