Henry v. Diviney
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. J. B. G-antt, Judge. (1) The loss of the letter written from Kansas City was proved by its custodian, the proper party. (2) The admission of secondary evidence is discretionary with the trial court, and its discretion will not be interfered with, unless it clearly appears that It was abused. Christy v. Earanaugh, 45 Mo. 375; MeCorey v. Wallace, 22 Mo.
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Appeal from Bates Circuit Court. — Hon. J. B. G-antt, Judge. (1) The loss of the letter written from Kansas City was proved by its custodian, the proper party. (2) The admission of secondary evidence is discretionary with the trial court, and its discretion will not be interfered with, unless it clearly appears that It was abused. Christy v. Earanaugh, 45 Mo. 375; MeCorey v. Wallace, 22 Mo. App. 377. (3) The custodian of a lost letter must swear to its loss, or search must be made for it where it was last known to be, and plaintiff is not required to swear that he has it not, unless there is…
1Opinion of the CourtRay, C. J.
This is an action founded on a promissory note executed by defendants’ testator, Antony Henry, deceased, to the plaintiff, Bryan Henry, his father. The note is an ordinary promissory note for one *380thousand dollars, dated J anuary 1, 1869, and due one day after date. On said note is an indorsement as follows : “ Paid November 6, 1882, twenty-five dollars.” The note was first presented to the defendants, the executors of said Antony Henry, deceased, and to the probate court of Bates county, Missouri, for allowance ; the attorney of said Bryan Henry having been elected judge of the probate court,…
2Cases cited1 opinion
- Meyers v. RussellSupreme Court of Missouri · 1873
3Cited by7 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- State v. KitchinSupreme Court of Missouri · 1955
- Stephan v. MetzgerMissouri Court of Appeals · 1902
- Felker v. BreeceSupreme Court of Missouri · 1910
- Bullock v. JohnsonSupreme Court of Missouri · 1942
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