Parker's Adm'r v. Moore

Decision Date31 October 1859
Citation29 Mo. 218
PartiesPARKER'S ADMINISTRATOR, Respondent, v. MOORE, Appellant.
CourtMissouri Supreme Court

1. The verdict of the jury should be responsive to the issues made by the pleadings.

2. Where an instrument in writing signed by a party is offered in evidence against him to prove facts recited therein, it will not, if otherwise relevant and competent, be rendered inadmissible by reason of an erasure upon it, whether material or not; that circumstance will be open to comment and for the consideration of the jury.

Appeal from Ripley Circuit Court.

The facts sufficiently appear in the opinion of the court.

Noell, for appellant.

NAPTON, Judge, delivered the opinion of the court.

This was a suit on a note given by Moore to Parker in his lifetime for $1,130, dated March 24, 1854. The plaintiff, who was Parker's administrator, declared on the note as upon a note given to himself. The defence set up in the answer was that the note was a mistake; that in its present form of a note to Parker alone it was for twice the amount it should have been, or it should have been drawn payable to Parker and Moore. The answer explains the circumstances under which the note was executed. It states that Parker and Moore were about engaging in partnership as merchants; that Parker advanced towards the concern $1,242 and Moore $112, and the note in question was given to make the advances of Parker and Moore equal; that as $1,130 was the amount advanced by Parker over the sum advanced by Moore, and that the note was given for that sum, when it should, under these circumstances, have been given for half that sum.

Upon the trial of the case before a jury, the court excluded a paper, offered in evidence by the defendant, in the handwriting of Parker, and signed by both Parker and Moore, purporting to be articles of copartnership and explaining the amount of advances by each party, and stating that Moore was to give his note for $1,130, that being the amount which Parker put into the concern over the sum paid in by Moore. This paper was excluded on account of an erasure or obliteration of the day of the month on which it purported to have been executed.

The verdict of the jury was that defendant executed the note to plaintiff, and that the amount of the note, both principal and interest, was yet due. The judgment of the court was for the plaintiff for the full amount of the note.

To say nothing of the variance between the note given in evidence and that described in the...

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13 cases
  • Switzer v. Switzer
    • United States
    • Missouri Supreme Court
    • 13 Enero 1964
    ...1046, 93 S.W.2d 260, 264; Tuttle v. Chostner, Mo.App., 260 S.W. 819[5-7]; Look v. French, 346 Mo. 972, 144 S.W.2d 128, 133; Parker's Adm'r v. Moore, 29 Mo. 218. The verdict of the jury, when read in the light of Instruction P-16, is responsive to and disposes of all the issues presented of ......
  • Bailey v. Bank
    • United States
    • Kansas Court of Appeals
    • 27 Abril 1903
    ... ... Ed.), 76; 20 Am. and Eng. Ency. of Law (1 Ed.), 1061; ... Moore v. Hutchinson, 69 Mo. 429; Kelly v ... Thuey, 143 Mo. 434; Haskell v. Champion, 30 Mo ... 138; ... ...
  • Hallen v. Smith
    • United States
    • Missouri Supreme Court
    • 31 Julio 1924
    ...234 Mo. 435; Needles v. Burke, 98 Mo. 476; Lockwood v. Bartlett, 7 N.Y.S. 481, 130 N.Y. 340; Allison v. Darton, 24 Mo. 340; Parker v. Moore, 29 Mo. 218; Fenwick Logan, 1 Mo. 402; Ferguson v. Thacher, 79 Mo. 511; Berkson v. Ry. Co., 144 Mo. 211; State ex rel. v. Blakemore, 275 Mo. 703. (3) U......
  • Marker v. Cleveland
    • United States
    • Missouri Court of Appeals
    • 10 Mayo 1923
    ... ... Dailey v ... Columbia, 122 Mo.App. 21; Parker's Administrator ... v. Moore, 29 Mo. 218; Coleman v. Hicks, 158 Mo ... 367; Fenwick v. Logan, 1 Mo. 401. (4) The ... ...
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