J. G. Hutchinson & Co. v. Morris Bros.
J. G. Hutchinson & Co. v. Morris Bros.
Opinion of the Court
This case was here on former appeal and is reported in 86 Mo. App. 40, where a statement of the case can be found. It is perhaps necessary to state shortly that the plaintiffs, as wholesale merchants, sold to Morris Bros., a partnership composed
The interpleader claimed that the goods were turned over to him by Charles Morris to pay the debt and that he did not claim by virtue of his mortgage. Marion Morris was not present at the time the mortgage was executed and the interpleader, in order to show that he consented to the sale and' transfer of the goods to himself, introduced the statement of witnesses, which consisted of what Charles told them Marion had told him. The cause was reversed on the ground that the evidence was mere hearsay. . The court in the opinion used this language: “None of these witnesses pretended that Marion himself had said he authorized the sale.” In the brief in that case appellants (the plaintiffs) admitted that it was competent to have proven what the witness himself heard Marion say in reference to the matter. The judgment in the trial court was again for the interpleader.
We have examined the evidence taken at the last trial and we are content with the action of the trial court in refusing a demurrer to the evidence in inter-pleader's behalf. A careful re-examination of the entire case has left us satisfied with the views heretofore expressed.
The record shows that in the first instance inter-pleader, as a witness, again started to repeat the error of the first trial by telling what he heard Charles say that Marion had said. When plaintiffs objected, inter-pleader’s counsel did not insist and nothing further was said by the witness on that head and no ruling was made. But shortly after, as shown by page 13 of the record, the witness, seemingly bent on repeating the er
We then come to the second ground of objection bearing on what the witness himself heard Marion say in regard to consenting that the goods should be turned over to interpleader. Plaintiff’s counsel remarked, “I don’t think it would be competent.” The court admitted it and plaintiff excepted. No ground of objection was specified. It should have been stated why it was not competent. It was, in point of fact, and so appeared to be, an admission of Marion’s made after he had parted with possession, but that was not assigned as the reason for objecting. In this court that specific ground is stated as the objection, and it is argued and insisted upon. But the place for specification was with the trial court. If the point is as clear in plaintiffs’ favor as now contended, he would undoubtedly have obtained a favorable ruling from the trial court if he had stated the point now made. The objection is no more a proper objection than if the language used had been “I think I will object.”' [Howard v. Brown, 197 Mo. 36; Kansas City v. Oil Co., 140 Mo. 458, 475; Lumber Co. v.. Rogers, 145 Mo. 445; Smith v. Dowling, 85 Mo. App. 514.]
The next objection on this head arose when another witness was on the stand and a letter written by Marion was offered. In this instance the objection was properly specified and was grounded upon the letter being written after parting with possession of the property. But, singularly enough, after stating the objection, counsel qualified it by adding, “and we object unless he reads the whole of the letter.” This meant that there was no objection if the whole letter was admitted. The court then ruled, “Let the letter be admitted.” That ruling meant the whole letter and though made in compliance with plaintiff’s proviso, they took an exception. However, the record stops there
It is thus clear that no proper objection was made to the evidence and that no complaint ought now to he heard. The judgment should be affirmed, and it is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.