Martin v. Hill
Missouri Court of Appeals
Appeal from: Barton Circuit Court. — Now. Levin W. Shafer, Judge. (1) Mrs. Martin, plaintiff. W. A. Martin’s wife, was clearly incompetent to testify on behalf of her husband and the objection to her testimony should have been sustained by the court. Moore v. Wingate, 53 Mo. 409; Tucker v. Gentry, 93 Mo. App. 663; Lynn v. Hockaday, 162 Mo. 123; 2 Rice on Evidence, sec. 381, and cases cited.
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Appeal from: Barton Circuit Court. — Now. Levin W. Shafer, Judge. (1) Mrs. Martin, plaintiff. W. A. Martin’s wife, was clearly incompetent to testify on behalf of her husband and the objection to her testimony should have been sustained by the court. Moore v. Wingate, 53 Mo. 409; Tucker v. Gentry, 93 Mo. App. 663; Lynn v. Hockaday, 162 Mo. 123; 2 Rice on Evidence, sec. 381, and cases cited. (2) The objection to plaintiff Martin and witness Gurry testifying that they had been “corresponding for eight months” about the farm that Curry afterwards bought should have been excluded. (3) Defendant’s…
1Opinion of the CourtEllison, J.
The plaintiffs’ petition is in two counts, one for money had and received, the other for fraud and deceit. There was a general verdict for the plaintiffs.
It appears from the evidence in plaintiffs’ behalf, which, since the verdict is for them, we must accept as true, that they were real estate agents in Barton county and had been in correspondence for several months with one Curry, who resided in Illinois, about the sale of a farm which they were agents to sell. Curry and defend1 ant resided in the same town in Illinois and the latter owned a farm near the one about which Curry and plaintiffs…
2Cases cited9 opinions
- Woodbury v. StateSupreme Court of Alabama · 1881
- Hamilton v. CroweSupreme Court of Missouri · 1903
- State v. GatlinSupreme Court of Missouri · 1902
- Maguire v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- State v. KeyesSupreme Court of Missouri · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kansas City Power & Light Co. v. Bibb & Associates, Inc.Missouri Court of Appeals · 2006
- Farmers Savings Bank v. American Trust Co.Missouri Court of Appeals · 1918
- Sims v. SpelmanMissouri Court of Appeals · 1921
- Paasche v. FrameMissouri Court of Appeals · 1949
- Summers v. KellerMissouri Court of Appeals · 1911