Ritter v. First National Bank
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. F. G-eiger, Judge. (1) The evidence of. Martin was admissible in chief •.as part of the res gesta. TompMns v. Saltmarsh, 14 Serg. and Rawle, 275 ; Boy den v. Moore, 11 Pick. 362'; Harriman v. Stowe, 57 Mo. 93 ; Ross v. Banlc, 15 Am.
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Appeal from Greene Circuit Court. — Hon. W. F. G-eiger, Judge. (1) The evidence of. Martin was admissible in chief •.as part of the res gesta. TompMns v. Saltmarsh, 14 Serg. and Rawle, 275 ; Boy den v. Moore, 11 Pick. 362'; Harriman v. Stowe, 57 Mo. 93 ; Ross v. Banlc, 15 Am. Dec. 669. (2) Martin’s evidence was certainly admissible, being drawn out on cross-examination, and should .not have been excluded, (3) Whether it was admissible a-t all or not, the comments of an, attorney upon it in the opening argument afford no grounds for a reversal of the case. (4) It was not reversible error to…
1Opinion of the CourtShebwoob, J.
Plaintiff brought this action for the sum of two hundred dollars, alleged by. him to have been deposited with the defendant corporation.- . The answer was a general denial. There was testimony on beIialf of plaintiff tending to support the allegations of Ms petition, and testimony on the part of defendant to .a contrary effect; and from the evidence adduced the jury could as well have found in favor of the defendant as -in favor of plaintiff, and the finding was in favor of the latter..
The instructions given by the court presented the -matters in Issue very fairly to 'the jury, and thus…
2Cases cited5 opinions
- State v. EmorySupreme Court of Missouri · 1883
- State v. BrassfieldSupreme Court of Missouri · 1883
- State v. BarhamSupreme Court of Missouri · 1884
- State v. JaegerSupreme Court of Missouri · 1877
- State v. RothschildSupreme Court of Missouri · 1878
3Cited by8 opinions
- Evans v. Town of TrentonSupreme Court of Missouri · 1892
- Wilson v. Miss Hulling's Cafeterias, Inc.Supreme Court of Missouri · 1950
- Koch v. HebelMissouri Court of Appeals · 1888
- Polk v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- Massengale v. RiceMissouri Court of Appeals · 1902
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