Burgess v. Quimby

Decided July 15, 1855

Supreme Court of Missouri · decided 1855-07-15

Action under the 8th article of the practice act of 1849, for the specific recovery of a horse. The plaintiff produced evidence tending to show that he loaned the horse to one Johnson, from whom defendant purchased, and proved declarations of Johnson, made while he was in-possession of the horse, that plaintiff was the owner, and to this last evidence defendant excepted.

Cited by 1 later decisions — most recently February 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1855-07-15

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Scott, Judge,

¶1delivered the opinion of the court.

¶2The only point presented for our determination in the record is, whether the declarations of Johnson, under whom the defendant claims, made while he was in possession of the horse, are evidence against the defendant.

¶3This question has frequently been before this court, and has received the uniform determination that such evidence is admissible. (See the case of Cavin v. Smith & Kerr, decided at this term of the court.) The instruction, secondly, given for the defendant, was warranted by no evidence, and does not correctly state the proposition which it affects to do. Notwithstanding this advantage, there was a verdict against the defendant.

¶4With the concurrence of the other judges, the judgment will be affirmed.