Western Boatmen's Benevolent Ass'n v. Kribben
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. .The statements of Kribben should have been excluded because the admission was not made in the course of Kribben’s business, nor in an accounting with his employers, nor cotem-poraneously with the act of receiving the money, but long subsequent thereto, and was an admission of a fact existing anterior to the bond.
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Appeal from St. Louis Circuit Court. I. .The statements of Kribben should have been excluded because the admission was not made in the course of Kribben’s business, nor in an accounting with his employers, nor cotem-poraneously with the act of receiving the money, but long subsequent thereto, and was an admission of a fact existing anterior to the bond. The declarations of the principal are admissible only against the surety when made under circumstances constituting them part of the res gestae. “The surety is bound only for the actual conduct of the party, and not for whatever he might say…
1Opinion of the CourtWagner, Judge
We will not undertake to go into a consideration of the sufficiency of the evidence to support the finding of the referee. The finding of the referee stands as the verdict of a jury, and where there is any evidence to sustain it, we will suppose that the whole evidence was properly weighed and the requisite effect given to it.
This appeal is prosecuted by the sureties of Kribben, and it is objected by them that certain admissions made by him were allowed to be given in evidence; but we think the objection is untenable. The referee rejected the testimony in regard to the admissions of Kribben…
2Cases cited5 opinions
- Blair v. Perpetual InsuranceSupreme Court of Missouri · 1847
- Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
- Nolley v. Callaway County CourtSupreme Court of Missouri · 1848
- Cheltenham Fire-Brick Co. v. CookSupreme Court of Missouri · 1869
- State ex rel. Southern Bank v. AthertonSupreme Court of Missouri · 1867
3Cited by16 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Williams v. Belmont Coal & Coke Co.West Virginia Supreme Court · 1904
- Tufts v. LatshawSupreme Court of Missouri · 1903
- Bergeman v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1890
- Chew v. EllingwoodSupreme Court of Missouri · 1885
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