Missouri-American Electric Co. v. Hamilton Brown Shoe Co.

Citations

• 165 F. 283
• 91 C.C.A. 251
• 1908 U.S. App. LEXIS 4752

Syllabus

<p>1. Bankruptcy (§ 403*)--Trial — Evidence Offered should be Taken and Recorded Though Held Inadmissible — Exception.</p> <p>It is the duty of examiners, masters, referees, and the court taking evidence in controversies in bankruptcy, iu the absence of a jury, to take, record, and, in case of an appeal, to return to the reviewing court, all the evidence offered by either party, that which they hold to be incompetent or immaterial as well as that which they deem competent and relevant, to the end that if the appellate court is of the opinion that evidence rejected should have been received it may consider it, render a final decree, and thus conclude the litigation without remanding the suit to procure the rejected evidence.</p> <p>From this rule evidence plainly privileged, the testimony of a privileged witness, and evidence which clearly and affirmatively appears to be so incompetent, irrelevant, or immaterial that it would be an abuse of the process or power of the court to compel its production or permit its introduction, are excepted.</p> <p>[Ed. Note.- — For other cases, see Bankruptcy, Dec. Dig. § 463.*]</p> <p>2. Trial (§ 377*) — It is Error to Close Hearing Before Losing Party has Concluded the Offer of His Evidence.</p> <p>It is error for a court on a hearing of a controversy in which it is taking the testimony to refuse to take or to consider evidence which the losing party desires to offer, and to close the hearing before such evidence is presented to the court so that it can consider it and determine its admissibility.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. § S87; Dec. Dig. § 377.*]</p> <p>3. Accord and Satisfaction (§ 7*) — Consideration—Release of Entire Debt for Part Payment Void.</p> <p>The release of an entire debt for a sum certain upon the payment of a part of the amount due is without consideration and void.</p> <p>[Ed. Note. — For other cases, see Accord and Satisfaction, Cent. Dig. § 46; Dec. Dig. § 7.*]</p> <p>4. Accord and