Augusta Wine Co. v. Weippert
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. Evidence of the testimony of a witness before the justice is inadmissible on trial anew in the circuit court. — Phil. Ev., 215; 2 Starkie Ev. 894; Wilber v. Selden, 6 Cow. 162; Bergen v. The People, 17 111. 426. This firm was not a trading firm ; the paper involved here, is not a negotiable instrument, and is still in the hands of the original payee.
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Appeal from the St. Louis Circuit Court, Adams, J. Evidence of the testimony of a witness before the justice is inadmissible on trial anew in the circuit court. — Phil. Ev., 215; 2 Starkie Ev. 894; Wilber v. Selden, 6 Cow. 162; Bergen v. The People, 17 111. 426. This firm was not a trading firm ; the paper involved here, is not a negotiable instrument, and is still in the hands of the original payee. And therefore the limitations of the common law of the power of a partner apply to and govern this case. — Story on Part. (7th ed.), sects. Ill and 112; Parsons on Part. 175; Gadwallader v.…
1Opinion of the CourtBakewell, J.
This was an action begun before a justice of the peace upon the following promissory note : —
“St. Louis, Mo., Deo. 31st, 1881. — Due, after four months from this date, to Augusta Wine Co., Augusta, Missouri, the sum of two hundred thirty-five dollars for value received. John Weippert & Mueller.”
On trial anew in the circuit court, a jury was waived, and the cause being tried by the court, there was a finding and judgment for plaintiff. No declarations of law were given by the court, nor were any such declarations asked.
The undisputed testimony is, that defendant Weippert and one George C.…
2Cases cited3 opinions
- Clinton v. EstesSupreme Court of Arkansas · 1859
- Schearer v. HarberIndiana Supreme Court · 1871
- Franklin v. GumersellMissouri Court of Appeals · 1881
3Cited by1 opinion
- Welp v. BogyMissouri Court of Appeals · 1925