Samuel v. Bartee
Missouri Court of Appeals
Appeal from the Audrain Circuit Cowrt. — Hon. E. M. Hughes, Judge. The only question presented by the record and that we ask this court to review, is the competency of R. E. Downing as a witness, and the refusal of the court to exclude his testimony.
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Appeal from the Audrain Circuit Cowrt. — Hon. E. M. Hughes, Judge. The only question presented by the record and that we ask this court to review, is the competency of R. E. Downing as a witness, and the refusal of the court to exclude his testimony. Revised Statutes, 1889, sec. 8918; Chapman v. Dougherty, 87 Mo. 617; Meir v. Thieman, 90 Mo. 433; Laws of Missouri, 1887, p. 287; Fulkerson v. Thornton, 68 Mo. 468; 1 Wharton on Evidence, see. 406; Looker v. Davis, 47 Mo. 140; Poe v* Domec, 54 Mo. 119; Bice v. McFarland, 41 Mo. App. 489; Orange v. Bassett, 98 Mass. 462; Ashbrook v. Letcher, 41…
1Opinion of the CourtSmith, P. J.
— This was an action originating in the probate, court to recover damages sustained by plaintiff by reason of an alleged breach of warranty in the soundness of a horse.
Plaintiff and Gruin, the deceased, never met. Downing, who was acquainted with both of these parties, was intrusted by the deceased to take the horse to the plaintiff for examination. The deceased said to Downing when he delivered him the horse for the purpose of being shown to plaintiff: “I guarantee him sound in every respect.” Afterwards he was examined by plaintiff who expressed himself as not liking the looks of his eyes,…
2Cases cited3 opinions
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