Markham v. Herrick
Missouri Court of Appeals
Appeal from the Cole Circuit Court. — lion. D. W. Shacldeford, Judge. (1) The trial court erred in excluding the testimony of the witness, Frank Henderson, offered by defendant to show that the general reputation of plaintiff for chastity and morality was bad. Evidence in mitigation of damages is admissible under the general denial. Boggess v. Railway, 118 Mo. 328, 338; Gregory y. Chambers, 78 Mo. 291; Kniffin y. McConnell, 30 N. Y. 285; Beck v. Dowell, 10 Mo.
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Appeal from the Cole Circuit Court. — lion. D. W. Shacldeford, Judge. (1) The trial court erred in excluding the testimony of the witness, Frank Henderson, offered by defendant to show that the general reputation of plaintiff for chastity and morality was bad. Evidence in mitigation of damages is admissible under the general denial. Boggess v. Railway, 118 Mo. 328, 338; Gregory y. Chambers, 78 Mo. 291; Kniffin y. McConnell, 30 N. Y. 285; Beck v. Dowell, 10 Mo. App. 71. And evidence of bad character of plaintiff for chastity is admissible in breach of promise actions. Cole v. Efolliday, 1 Mo.…
1Opinion of the CourtGill, J.
This is an action for breach of promise of marriage- — the petition alleging mutual promises -made in November, 1897, and at various times thereafter until March 9, 1898, when defendant married another party, thereby putting it out of his power to comply with his contract to marry the plaintiff. The alleged marriage contract wias denied in the -answer. On a trial by jury, plaintiff had a verdict and judgment for $500, and defendant -appealed.
I. One of the principal matters complained of relates to the action o-f the trial court in excluding certain witnesses offered by defendant to -attack…
2Cases cited9 opinions
- State v. WhittonSupreme Court of Missouri · 1878
- Gray v. St. JohnIllinois Supreme Court · 1864
- State v. LambSupreme Court of Missouri · 1897
- State v. WeedenSupreme Court of Missouri · 1896
- Green v. Phœnix Mutual Life InsuranceIllinois Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- St. Louis, Memphis & Southeastern Railroad v. AubuchonSupreme Court of Missouri · 1906
- State v. DemareeSupreme Court of Missouri · 1962
- Greater Garden Avenue Area Ass'n v. City of Webster GrovesMissouri Court of Appeals · 1983
- Mogelberg v. CalhounWashington Supreme Court · 1917
- Technical & Professional Services, Inc. v. Board of Zoning Adjustment of Jackson CountyMissouri Court of Appeals · 1977
1 more not listed; retrieve them via the Exa API.