White v. Middlesworth
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The proof should correspond to the issues made by the pleadings. The evidence, therefore, in regard to the alleged misrepresentations and fraud of Beers, not having been pleaded, was inadmissible. 1 Cfreenleaf on Ev., secs. 50, 51; Sugg v. Blow, 17 Mo. 359 ; Sybert v. Jones, 19 Mo. 86; Oalbreath v. City of Moberly, 80 Mo. 484; Cummiskey v. Williams, 20 Mo. App. 606; Mize v. Glenn, 38 Mo.
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Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The proof should correspond to the issues made by the pleadings. The evidence, therefore, in regard to the alleged misrepresentations and fraud of Beers, not having been pleaded, was inadmissible. 1 Cfreenleaf on Ev., secs. 50, 51; Sugg v. Blow, 17 Mo. 359 ; Sybert v. Jones, 19 Mo. 86; Oalbreath v. City of Moberly, 80 Mo. 484; Cummiskey v. Williams, 20 Mo. App. 606; Mize v. Glenn, 38 Mo. App. 98. (2) The evidence, as to what plaintiff said to Beers, and the contents of the letter, alleged to have been written by Beers to…
1Opinion of the CourtSmith, P. J.
This was a suit on a promissory note for three hundred dollars. The answer pleaded that the defendant had executed said note as the surety of one Beers who was principal therein ; that about the month of March, 1888, and prior to the maturity of said note, plaintiff, well knowing that defendant was merely a surety on said note, made and entered into a óontract with 3). M. Beers, the principal therein, by which plaintiff agreed with said Beers that if the latter would pay him twelve per cent, interest on said note from its date instead of ten per cent, as in said note stipulated, plain-' tiff…
2Cases cited16 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Greenway v. JamesSupreme Court of Missouri · 1864
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Cavender v. WaddinghamMissouri Court of Appeals · 1876
- Diel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Barrett v. DavisSupreme Court of Missouri · 1891
- Hill-Dodge Banking Co. v. LoomisMissouri Court of Appeals · 1909
- Madison v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- Scudder v. AtwoodMissouri Court of Appeals · 1893
- Thomas v. RamseyMissouri Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.