133 Mo. App. 65 | Mo. Ct. App. | 1908
This is a suit on a promissory note. It originated before a justice of the peace in the city of St. Louis, and found its way into the circuit court. The finding and judgment were for the defendants. Plaintiff prosecutes the appeal.
The evidence tended to prove that the defendants were partners conducting a dramshop and grocery store in the city of St. Louis. On November 14, 1896, they borrowed from the plaintiff brewery company, the sum of $300, for which they executed their joint promissory note, payable on demand, with interest at the rate of six per cent. They continued the saloon and grocery business about a year thereafter, at which time it appears the plaintiff brewery company, by its agent, one Harry Lange, induced them to dissolve the partnership, as the business was insufficient to support two families. The defendant Rohling retired from the business and the same was continued by defendant, Menke, his half-
Plaintiff’s agent, Lange, whom it is alleged negotiated the settlements and contracted to cancel the defendant’s indebtedness, being dead, the. court erred in permitting the defendants to testify touching the contracts and settlements with him over the objection and exception ’of the plaintiff. This error was highly pre