Huetteman v. Viesselmann
Missouri Court of Appeals
Appeal'from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Statements and admissions of facts made by a party to the record against his interest are always admissible in evidence against him. 1 Greenl. on Ev., sec. 171 ; Wright v. Gillespie, 43 Mo. App. 244, 252. The admissions excluded by the court were in no way connected with a compromise.
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Appeal'from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Statements and admissions of facts made by a party to the record against his interest are always admissible in evidence against him. 1 Greenl. on Ev., sec. 171 ; Wright v. Gillespie, 43 Mo. App. 244, 252. The admissions excluded by the court were in no way connected with a compromise. “It is the condition, tacit or express, that no advantage shall be taken of the admission, it being made with a view to an amicable adjustment that operates to exclude it.” 1 Greenl. on Ev., sec. 192 ; Do on v. Bavey, 49 Yt. 293,…
1Opinion of the CourtBiggs, J.
Alice Pielsticker is the illegitimate child of Minnie Pielsticker, deceased. The defendant, Mary Yiesselmann, wife of Henry Yiesselmann, was the stepmother of Minnie. At the time of the latter’s death her life was insured in the order of “ Chosen Friends” for $1,000, and her step-mother was named as the beneficiary in the certificate. The dues and assessments were paid by the deceased. Alice was-nine years old when her mother died, and this action in equity was instituted by her curator, in which he claims, and on the trial attempted to prove, that Mary Yiesselmann was named in the…
2Cases cited9 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Harrison v. SmithSupreme Court of Missouri · 1884
- Stoller v. CoatesSupreme Court of Missouri · 1885
- Porter v. Bank of RutlandSupreme Court of Vermont · 1847
- Munro v. CollinsSupreme Court of Missouri · 1888
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3Cited by5 opinions
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- Zeideman v. MolaskyMissouri Court of Appeals · 1906
- Hunter v. HelsleyMissouri Court of Appeals · 1903
- Mayer v. Citizens BankMissouri Court of Appeals · 1900
- Deal v. Mississippi County BankMissouri Court of Appeals · 1899