1 Mo.App. 222 (Mo.App. 1876), Lewis v. Weisenham

Citation:1 Mo.App. 222
Opinion Judge:LEWIS, J.
Party Name:MARTROM D. LEWIS, Public Administrator, etc., Respondent, v. G. WEISENHAM, Appellant.
Attorney:Henry N. Hart, for appellant. T. G. C. Davis, for respondent,
Case Date:February 14, 1876
Court:Court of Appeals of Missouri
 
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Page 222

1 Mo.App. 222 (Mo.App. 1876)

MARTROM D. LEWIS, Public Administrator, etc., Respondent,

v.

G. WEISENHAM, Appellant.

Court of Appeals of Missouri, St. Louis.

February 14, 1876

In a suit by the administrator of an indorsee against the indorser of a promissory note, the latter will not be allowed to testify in his own behalf that he never received notice of protest.

APPEAL from St. Louis Circuit Court.

Affirmed.

Henry N. Hart, for appellant.

T. G. C. Davis, for respondent, cited: Wag. Stat. 1372, sec. 1; Stanton v. Ryan, 41 Mo. 510.

OPINION

LEWIS, J.

Jesse Evans, the plaintiff's intestate, obtained judgment before a justice of the peace against the defendant as indorser of a promissory note. Pending defendant's appeal to the Circuit Court, and before the trial, Evans died. At the trial, after the introduction by plaintiff of the customary notarial proofs of protest and notice, the defendant offered to testify in his own behalf, to the effect that he had never received notice of the protest. Upon plaintiff's objection, the court excluded the testimony. This ruling presents the only question in the record for our consideration.

The statute is too plain to be misunderstood. " In actions where one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the court to be insane, the other party shall not be admitted to testify in his own favor." Wag. Stat. 1372, sec. 1.

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