Cann v. Rector of Church of the Redeemer
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) It is well settled law in this and other States that the acts of a corporation may be proved by the testimony of witnesses in the same manner as the acts of individuals.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) It is well settled law in this and other States that the acts of a corporation may be proved by the testimony of witnesses in the same manner as the acts of individuals. Taussig v. Railway, 166 Mo. 32, 65 S. W. 969; Hotel Co. v. Newman, 30 MA 118; Bank v. Gilstrap, 45 Mo. '419; Bank v. Coal Co\, 86 Mo. 125; Bank v. Fricke, 75 Mo. 184; Cook bn Corporation (4 Ed.), Vol. 2, Sec. 714; Allis'v. Jones, 45 Fed. Rep. 148; M'elledger. Boston, etc., Co., 59 Mass. 158; Pickett v. Abney, 84 Tex. 65. Scott v. Railroad, 86 N. Y.…
1Opinion of the CourtGoode, J.
(after stating the facts). —The circuit court held the plaintiffs’ action was on the contract between the parties and not quantum meruit, but the counsel for both sides say the form of the action in that regard is immaterial to a decision on the appeal. It is insisted for the plaintiffs, that whatever the form of the action may be, the evidence introduced made a case for the jury; and for the defendant that no case was made, either on the contract or quantum meruit. It may be true, that this question is not important here; but if the cause is tried again it would be important then in this…
2Cases cited17 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911
- Hall v. W.L. Brady Investments, Inc.Missouri Court of Appeals · 1984
- State Ex Rel. Dolman v. DickeySupreme Court of Missouri · 1920
- Scarbrough v. WheelerCourt of Appeals of Texas · 1914
- Burns v. ReisMissouri Court of Appeals · 1917
4 more not listed; retrieve them via the Exa API.