Borgess Investment Co. v. Vette
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) When one party to a transaction is dead, the •statute excludes the testimony of the other party to any matter pertaining to the contract or transaction made by them. R. S. 1889, sec. 8918. The disqualification does not, however, extend to relevant matters not immediately involved in the transaction.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) When one party to a transaction is dead, the •statute excludes the testimony of the other party to any matter pertaining to the contract or transaction made by them. R. S. 1889, sec. 8918. The disqualification does not, however, extend to relevant matters not immediately involved in the transaction. Reichenbach v. Ellerbe, 115 Mo. 588. (2) While books of account kept by a party himself or by his clerk are under some circumstances admissible in evidence in his behalf, they are not so admissible when the party himself is…
1Opinion of the CourtBurgess, J.
This action was begun by plaintiff in the circuit court of the city of St. Louis to enjoin and restrain the defendants from selling, under a power of sale in a deed of trust given to secure the payment of a promissory note, certain real property in that city.
A temporary injunction was granted, which upon final hearing was dissolved, plaintiff’s bill dismissed, and judgment rendered against it for costs.
From the judgment plaintiff appeals.
The petition averred that plaintiff owned a certain lot of ground in the city of St. Louis, which it acquired on January 23, 1894, from Louis Berneso and…
2Cases cited16 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Mayes v. RobinsonSupreme Court of Missouri · 1887
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3Cited by45 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- McClenahan v. KeyesCalifornia Supreme Court · 1922
- Rice v. WaddillSupreme Court of Missouri · 1902
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Lampe v. Franklin American Trust Co.Supreme Court of Missouri · 1936
40 more not listed; retrieve them via the Exa API.