Samuel v. Withers
Supreme Court of Missouri
Error to Boone Circuit Court. The opinion of the court contains a sufficient statement of the facts. 1. That the deposition of Bristow should have been excluded, because he was an interested witness ; because it had been taken in another suit in which he was a party to the record, and had not been filed in this cause before it was read to the jury ; because the evidence it contained was irrelevant; and because the deposition of the same witness had been taken in this cause,…
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Error to Boone Circuit Court. The opinion of the court contains a sufficient statement of the facts. 1. That the deposition of Bristow should have been excluded, because he was an interested witness ; because it had been taken in another suit in which he was a party to the record, and had not been filed in this cause before it was read to the jury ; because the evidence it contained was irrelevant; and because the deposition of the same witness had been taken in this cause, and was then on file and not suppressed. 2. That, even ,if usury had been proved, defendant was, nevertheless, bound to…
1Opinion of the CourtRylaND, Judge
This was an action of debt, brought by the plaintiff in error, Washington Samuel, against Jennings Withers, defendant in errqr, in the Boone Circuit Court, at the March term, 1846, on a note executed by one Julius C. Bristow, as principal, and James M. Clarkson and the defendant, Withers, as securities, for $1590, payable to John Hall, and by him assigned to Manlius V. 'Thompson, and by Thompson to the plaintiff. *534From the record, the following may be found as the principal facts in the case.
To the plaintiff’s action, the defendant pleaded, 1st, nil debel; 2d, payment; 3d, that Julius C.…
2Cases cited2 opinions
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