Black v. Epstein
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) The court erred in admitting in evidence the deposition of defendant, because defendant was in court in person and the deposition contained no admission which tended to sustain the allegations of the bill. (2) The court erred in excluding the testimony offered as to the reputation of defendants Simon and Marcus Epstein, who were charged with having committed an actual, not a constructive fraud.
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Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) The court erred in admitting in evidence the deposition of defendant, because defendant was in court in person and the deposition contained no admission which tended to sustain the allegations of the bill. (2) The court erred in excluding the testimony offered as to the reputation of defendants Simon and Marcus Epstein, who were charged with having committed an actual, not a constructive fraud. G-reenleaf on Evidence, sec. 54; O’Bryan v. O’Bryan, 13 Mo. 15; Bank v. Worthington, 145 Mo. 91; Miller v. Miller, 14 Mo.…
1Opinion of the CourtFox, J.
This action was begun on September 19, 1902, in the circuit court of the city of St. Louis by Maurice H. Black against Simon Epstein, Frank Heimenz and August Grekner. On November 4, 1903, an amended petition was filed by which Marcus Epstein was also made a party defendant.
The object of the action is to set aside a deed of trust made by Simon Epstein on January 8, 1901, to August Grehner, as trustee, and Frank Heimenz as party of the third part, to secure a note of $30,000, made to said Heimenz, which said note and deed of trust were transferred to the defendant, Marcus Epstein, on the…
2Cases cited14 opinions
- Bogie v. NolanSupreme Court of Missouri · 1888
- Vawter v. HultzSupreme Court of Missouri · 1892
- Dudley v. McCluerSupreme Court of Missouri · 1877
- Priest v. WaySupreme Court of Missouri · 1885
- Miller v. MillerMissouri Court of Appeals · 1883
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3Cited by36 opinions
- Castorina v. HerrmannSupreme Court of Missouri · 1937
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
- Wells v. GoforthSupreme Court of Missouri · 1969
- Frank v. Wabash Railroad CompanySupreme Court of Missouri · 1956
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
31 more not listed; retrieve them via the Exa API.