Attaway v. Third National Bank
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. (1) H. Attaway was an incompetent witness. (2) The oral agreement set up by him was never made. Bat, if made, it was void. Atleev. Einlc, 75 Mo. 100; Oscarigon v. Arms Co., 103 U. S. 261; Meguire v. Corwin, 101 U. S. 107; Bliss v. Matteson, 45 N. Y. 22; Bollman v. Loomis, 41 Conn. 581; Cash v. Qerrish, 15 Pick. 49.
1Opinion of the CourtBlack, J.
The doíondriit bank had in its possession, at the commencement of this suit, a bond, executed by the Laclode & Fort Scott Railroad Company, toe ton-thousand dollars, dated December 2, 1879, due in three years, and paynHé to the order of the defendant, Kinealy. The plaintiff states that she is the ownor of the half interest in the bond; that Kinealy is insolvent; that the bank threatens to deliver the bond to him, and she prays for an inji!action. The nunver of Kinealy, in substance, *486is, that lie acquired tile bond from the Laclede & Fort Scott Railroad Company, for services as a lawyer,…
2Cases cited2 opinions
- Atlee v. FinkSupreme Court of Missouri · 1881
- Bliss v. . MattesonNew York Court of Appeals · 1871
3Cited by6 opinions
- McDearmott v. SedgwickSupreme Court of Missouri · 1897
- Dieckmann v. RobynMissouri Court of Appeals · 1911
- Reed v. CatlettMissouri Court of Appeals · 1934
- McGuffin v. Coyle and GussSupreme Court of Oklahoma · 1906
- R. L. Gibson & Brother v. JenkinsMissouri Court of Appeals · 1902
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