Louisiana Purchase Exposition Co. v. Kuenzel
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.- — Hon. M. N. Sale, Judge. (1) The testimony of the witness Madden as to the total subscriptions was not competent, in the absence of the books themselves. Greenleaf on Evidence (16 Ed.), sec. 563h; 2 Jones on Evidence, sec. 592; Ritchie v. Kinney, 46 Mo. 298; State v. Findley, 101 Mo. 217, 14 S. W. 185; Rosenfeld v. Siegfried, 91 Mo. App. 169; Benefit Society v. Lackland, 97 Mo. 137, 10 S. W. 895; Wolff v. Matthews, 39 Mo.
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Appeal from St. Louis City Circuit Court.- — Hon. M. N. Sale, Judge. (1) The testimony of the witness Madden as to the total subscriptions was not competent, in the absence of the books themselves. Greenleaf on Evidence (16 Ed.), sec. 563h; 2 Jones on Evidence, sec. 592; Ritchie v. Kinney, 46 Mo. 298; State v. Findley, 101 Mo. 217, 14 S. W. 185; Rosenfeld v. Siegfried, 91 Mo. App. 169; Benefit Society v. Lackland, 97 Mo. 137, 10 S. W. 895; Wolff v. Matthews, 39 Mo. App. 376. • (2) The rule making the corporation’s books evidence in its own behalf must be strictly construed. Bain v. Railroad,…
1Opinion of the CourtRetburn, J.
— This proceeding was instituted by plaintiff against the defendant, as a delinquent subscriber, for the enforcement of his subscription to its capital stock. The petition narrated, that with many others, appellant united in subscribing a written agreement to become a stockholder, for an enumerated number of shares in a corporation to be organized to solemnize the one hundredth anniversary of the Louisiana Purchase, upon condition that such subscription should not become obligatory until the full amount of five millions of dollars should have been subscribed, and agreeing to make payment for…
2Cases cited7 opinions
- Connecticut & Passumpsic Rivers Rail Road v. BaileySupreme Court of Vermont · 1852
- Rogers v. State ex rel. GrimesIndiana Supreme Court · 1884
- Litchfield Bank v. ChurchSupreme Court of Connecticut · 1860
- McCann v. GouldSupreme Court of Connecticut · 1899
- Penobscot Railroad v. WhiteSupreme Judicial Court of Maine · 1856
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3Cited by3 opinions
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- Heiskell v. MorrisTennessee Supreme Court · 1916
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