Singer Manufacturing Co. v. Givens
Missouri Court of Appeals
Appeal from the Platte Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The witness, McIntyre, testified from a sheet he ■ claimed to have transcribed from the respondent’s books at St. Lonis, the books not being present, and from the reports of the sub-agents of respondent, the witness disclaiming any knowledge of their contents other than what appeared on their face. The books were the best evidence, and the reports were not evidence at all.
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Appeal from the Platte Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The witness, McIntyre, testified from a sheet he ■ claimed to have transcribed from the respondent’s books at St. Lonis, the books not being present, and from the reports of the sub-agents of respondent, the witness disclaiming any knowledge of their contents other than what appeared on their face. The books were the best evidence, and the reports were not evidence at all. Anderson v. Yolmer, 83 Mo. 404 ; Cozens v. Barrett, 23 Mo. 544. No foundation for this secondary evidence was laid. Anderson v. Yolmer, 83 Mo. 408;…
1Opinion of the CourtSmith, P. J.
This was a suit on a bond made to plaintiff by Givens and his co-defendants, conditioned upon the faithful performance of his duties a,s agent for plaintiff, as specified in agreements which “he has or may hereafter make with plaintiff, and for the payment to the company of all moneys, notes, leases, etc., which he, as agent of said company, may hereafter collect, or receive, or obtain, and pay to the said company all indebtedness which is now or may hereafter become due and owing by him to the said company.”
The petition sets out the breaches by averring an indebtedness of $233.12, as due…
2Cases cited16 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Ward v. . CraigNew York Court of Appeals · 1882
- Newham v. KentonSupreme Court of Missouri · 1883
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
- Carr v. MossSupreme Court of Missouri · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Tufts v. LatshawSupreme Court of Missouri · 1903
- State ex rel. Wayne County v. WoodsSupreme Court of Missouri · 1911
- Wilkerson v. SampsonMissouri Court of Appeals · 1894
- Cahill, Swift & Co. v. McCornishMissouri Court of Appeals · 1898
- Dallas v. BrownMissouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.