Legal Opinion · Dissent

Snider v. McAtee

Missouri Court of Appeals

Decided May 7, 1912Published

Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. (1) When one of the original parties to the contract or cause of action in issue and on trial is dead, the other party to such contract or cause of action shall not be permitted to testify in his own favor o,r in favor of any one claiming under him.

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Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. (1) When one of the original parties to the contract or cause of action in issue and on trial is dead, the other party to such contract or cause of action shall not be permitted to testify in his own favor o,r in favor of any one claiming under him. Angelí v. Hester^ 64 Mo. 142; Ring v. Jamison, 66 Mo. 424; Meier v. Thieman, 90 Mo. 433; Messimer v. McCray, 113 Mo. 382; Weiermueller v. Scullin, 203 Mo. 466; Griffin v. Nicholas, 224 Mo. 275. (2) The board of directors of a bank have a general superintendence over and…

1Dissent

DISSENTING OPINION.

REYNOLDS, P. J.

I am unable to agree to the conclusion arrived at by my learned brother Nortoni in this ease. That disagreement primarily arises out of our respective understanding of the facts: then t'o the application of the 'law to the facts. As I understand th¿ facts they are substantially as follows: One Hugh R. Quinn, testator of appellant, was cashier of the Jackson Exchange Bank, a bank organized under the laws of this state and located at Jackson in Cape Girardeau county; he was that officer when he died and had been such since the organization of the bank. The…

2Cases cited10 opinions

  1. Lieber v. LieberSupreme Court of Missouri · 1911
  2. Williams v. EdwardsSupreme Court of Missouri · 1887
  3. Meier v. ThiemanSupreme Court of Missouri · 1886
  4. Carroll v. United Railways Co.Missouri Court of Appeals · 1911
  5. Weiermueller v. ScullinSupreme Court of Missouri · 1907

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