Missouri Appeal Reports Volume 24

Missouri Appeal Reports Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...the jury. A man whose memory is not so far impaired by a disease of the brain as to prevent him from conversing intelligently when surrounded by his family, can, we take it, furnish to his counsel such information as is necessary to his defence on an ordinary suit on a bill of exchange, and give a deposition on any point material to his defence, if they shall deem it necessary. We, therefore, hold that the court committed no error in allowing the plaintiff to testify. It is proper to observe that if the insanity of the defendant had been properly established, the plaintiff would have been disqualified as a witness under the recent decision of the supreme court, notwithstanding he was not both a party to the suit and a party to the original transaction--that court having changed position upon this question since the decision in Looker 0. Davis (47 Mo. 140), and having, in a recent manuscript opinion which is before us, taken the ground that it is sufficient that the witness is a party to the suit to disqualify him under the statute, although he may not have been a party to the original contract. Jlfcier '0. Thiemann, 90 Mo.----. This decision reverses the decision of this court in Meier v. Thieman (15 Mo. App. 307). IV. The court admitted, against the objection of the defendant, a letter written by Hickey & Bartlett, on whom the draft was drawn, by W. Hickey, to the Cairo Coal Company, in whose favor the draft was drawn, dated May 18, 1875, which was five days after the draft, saying: " Your draft was presented to us to-day, which we did not honor, as we have been making some heavy payments lately and it is impossible to collect anything. Ve will pay it in a few days. Trusting it-will not inconvenience you in any manner, we...show more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236863968
  • 9781236863966