Fishback v. Harrison
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — Hon. Nick. M. Bradley, Judge. (1) At common law, Lulu Harrison, the wife of the defendant, was incompetent to testify in any case to which ■ her husband was a party. Oexner y. Loehr, 117 Mo. App. 709; Bank v. Wright, 104 Mo. App. 242. (2) This disability is removed by statute (as can apply to this case), only “in matters of business transactions, when the same was had and conducted by such married woman as the agent of her husband.”
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Appeal from Johnson Circuit Court. — Hon. Nick. M. Bradley, Judge. (1) At common law, Lulu Harrison, the wife of the defendant, was incompetent to testify in any case to which ■ her husband was a party. Oexner y. Loehr, 117 Mo. App. 709; Bank v. Wright, 104 Mo. App. 242. (2) This disability is removed by statute (as can apply to this case), only “in matters of business transactions, when the same was had and conducted by such married woman as the agent of her husband.” R. S. 1899, sec. 4656; Bank v. Wright, 104 Mo. App. 242; Oexner v. Loehr, 117 Mo. App. 709; Dawdy v. Dawdy’s Estate, 118 Mo.…
1Opinion of the CourtJohnson, J.
— Plaintiff sued defendant in a justice court on a negotiable promissory note for $50. Defendant answered under oath denying the execution of the note. Trial to a jury in the circuit court resulted in a verdict and judgment for defendant and plaintiff appealed.
Defendant can neither read nor write. Plaintiff, a physician, testified that defendant owed him an account for professional services and in settlement and compromise thereof gave him a cow valued at $50 and the note in suit. The settlement was made at the home of the defendant and when an agreement was reached, plaintiff prepared the…
2Cases cited8 opinions
- Moore v. WingateSupreme Court of Missouri · 1873
- White v. ChaneyMissouri Court of Appeals · 1886
- Shanklin v. McCrackenSupreme Court of Missouri · 1897
- First National Bank v. WrightMissouri Court of Appeals · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. CourtneySupreme Court of Arkansas · 1906
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3Cited by6 opinions
- Gottschall v. GeigerMissouri Court of Appeals · 1921
- Baird v. First National BankMissouri Court of Appeals · 1910
- Kirman v. HutchinsonAppellate Court of Illinois · 1929
- W. W. Tracy v. BuchananMissouri Court of Appeals · 1912
- Lyle v. AndalaftMissouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.