Seymour v. Newman
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon., John A. Talty, Judge. When the officer taking the desposition, in his certificate, states the place of residence of the witness, such statement is prima facie evidence of the facts. R. S. 1889, sec. 4462. Even if this action were prosecuted by plaintiffs, solely as receivers, they would still be permitted to recover in this case.
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Appeal from the St. Louis City Circuit Court. — Hon., John A. Talty, Judge. When the officer taking the desposition, in his certificate, states the place of residence of the witness, such statement is prima facie evidence of the facts. R. S. 1889, sec. 4462. Even if this action were prosecuted by plaintiffs, solely as receivers, they would still be permitted to recover in this case. In a spirit of comity, our courts permit foreign receivers to sue here, when there is no valid reason to deny the right. Robertson v. Staed, 135 Mo. 135; Baldwin v. Circuit Judge, 101 Mich. 119, 133; 20 Am. and…
1Opinion of the CourtBond, J.
The Bank of Minnesota, a corporation of that state, sued the defendants as copartners upon their acceptance of a draft for $187.85, which was purchased before maturity by plaintiff. There was a judgment for plaintiff before the justice, and defendants appealed to the circuit court. While the cause was pending in that court, Frank E. Seymour and W. H. Lightner petitioned it to be substituted- as parties plaintiff for the Bank of Minnesota, alleging that they had been duly appointed receivers of that corporation by proceedings in the district court for the second judicial district of the state…
2Cited by8 opinions
- State ex rel. Minnesota Mutual Life Insurance v. DentonSupreme Court of Missouri · 1910
- State v. PrinceIdaho Supreme Court · 1942
- Western Assurance Co. v. WaldenSupreme Court of Missouri · 1911
- Strubinger v. Mid-Union Indemnity CompanyMissouri Court of Appeals · 1961
- Jones v. HabbermanMissouri Court of Appeals · 1902
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