Johnson v. Blell
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisheb, Judge. (1) The case was properly referred by the court of its own motion under the provisions of section 2138 of the Revised Statutes. Schmidt v. Bose, 6 Mo. App. *579; Martin v. Hall, 26 Mo. 386-389. (2) The deposition of defendant Blell was properly received in evidence as an admission by him against Ms interest.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisheb, Judge. (1) The case was properly referred by the court of its own motion under the provisions of section 2138 of the Revised Statutes. Schmidt v. Bose, 6 Mo. App. *579; Martin v. Hall, 26 Mo. 386-389. (2) The deposition of defendant Blell was properly received in evidence as an admission by him against Ms interest. Kritser v. Smith, 21 Mo. 296; Priest v. Way, 87 Mo. 16; Bogie v. Nolan, 96 Mo. 85, 90. (3) The law presumes the truth of admissions o r declarations of parties against their interest; as to those in their favor,…
1Opinion of the CourtBiggs, J.
The plaintiffs are judgment creditors of the C. E. Blell Millinery Company, a business corporation. Their execution against the company having been returned unsatisfied, they instituted the present action, which is in the nature of a creditor’s bill, against the defendant, C. E. Blell.' The company was also made a party defendant. It is charged in the bill that Blell was the president and managing director of the corporation, and as such received the sum of $2,500, which represented a portion of the capital stock of the corporation, and which he had failed to account for, and that during his…
2Cases cited10 opinions
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Bogie v. NolanSupreme Court of Missouri · 1888
- Kritzer v. SmithSupreme Court of Missouri · 1855
- State v. CarlisleSupreme Court of Missouri · 1874
- Priest v. WaySupreme Court of Missouri · 1885
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3Cited by3 opinions
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
- H. B. Cartwright & Bro. v. United States Bank & Trust Co.New Mexico Supreme Court · 1917
- Kopp v. MoffettMissouri Court of Appeals · 1942