Colburn & Hamilton v. Brunswick Flour Co.
Missouri Court of Appeals
Appeal from the Chariton Circuit Gowrt. — Hon. Gt. D. 'Burgess, Judge. (1) The checks of Canine & Co., to Balchls order, and indorsed by hiin (which indorsement he admitted to be genuine), offered in evidence by plaintiff in rebuttal, were clearly admissible, first, because they threw light on Balch’s relation to the Brunswick Flour Company, and, secondly, for the reason that they directly contradicted the testimony of defendant Balch. 1 Greenleaf on Evidence [13 Ed.] sec.…
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Appeal from the Chariton Circuit Gowrt. — Hon. Gt. D. 'Burgess, Judge. (1) The checks of Canine & Co., to Balchls order, and indorsed by hiin (which indorsement he admitted to be genuine), offered in evidence by plaintiff in rebuttal, were clearly admissible, first, because they threw light on Balch’s relation to the Brunswick Flour Company, and, secondly, for the reason that they directly contradicted the testimony of defendant Balch. 1 Greenleaf on Evidence [13 Ed.] sec. 462; 5 Waifs-Actions & Defenses, p. 113, and cases therein cited. (2) When law and evidence are as overwhelmingly in…
1Opinion of the CourtSmith, P. J.
This was a suit brought by plaintiffs against defendants, partners doing business under the name of the Brunswick Flour Company, to recover $434.56 upon a bill of exchange drawn by plaintiffs on and accepted by the Brunswick Flour Company. The defendant Balch in his answer under oath denied that he was at any time a partner or member of the firm known as the Brunswick Flour Company. The abstract does not set forth all the evidence, but only such parts of it as tend to support the plaintiffs’ contention. It sets forth no part of the defendant’s evidence except so much of the testimony of…
2Cases cited9 opinions
- State v. PagelsSupreme Court of Missouri · 1887
- Sidekum v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
- Kansas City, Clinton & Springfield Railway Co. v. CarlisleSupreme Court of Missouri · 1887
- Griveaud v. St. Louis Cable & Western Railway Co.Missouri Court of Appeals · 1889
- Goodson v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
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3Cited by1 opinion
- Putnam v. BoyerMissouri Court of Appeals · 1913