18 Mo. 474 | Mo. | 1853
delivered the opinion of the court.
The plaintiffs commenced their action in the Circuit Court of Franklin county, against Reuben H. Farrar, Richard P. Jones, Charles R. Jeffries and John M. Dougherty. The suit was instituted against these defendants on two bonds given by said Farrar, as guardian of the plaintiff’s wife. In the first bond Jones and Jeffries were securities for Farrar; in the seeondbond, or what is called “the additional bond,” in the petition, Dough-
The defendant then offered and read to the jury the receipt, as follows: “Received of R. H. Farrar, guardian of Sarah J. Jones, the sum of $278 87, balance in full, this March 29th, 1852. G. W. 0. Weatherford.”
Some testimony was given by defendant, showing the price of boarding in his neighborhood, and Clayton, a witness, stated that he borrowed of Farrar $150 ; that Sarah J. Jones had a running account with him ; that some time after the marriage qf the plaintiffs, Clayton settled with Weatherford, deducting his store account, which was something like fifty dollars ; that Farrar said that the money he loaned to Clayton was money he got from Virginia, and which he had received from R. H. Jones, on account of Sarah J. Jones. This was about all the evidence offered by defendants. Plaintiffs then proved the payment of the boarding, &c., and by a witness proved the items mentioned at the time of giving the above receipt, and showed clearly its incorrectness.
The defendants objected to the introduction of the testimony explaining the receipt and showing its incorrectness ; contended that the receipt was final and conclusive between the parties. The court overruled the objection and permitted the testimony to be given to the jury. The defendants excepted. The jury found for the plaintiffs $258 83. Defendants moved for a new trial, which was overruled, and the case brought here by appeal.