Southern Commercial Savings Bank v. Slattery's Administrator
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) Evidence on wbicb decree is based is incompetent. The record shows that Street and Hofmeister conducted the negotiations with Lange in question, that Lange is dead, and that Street and Hofmeister were stockholders and directors of plaintiff, and its agents in these very transactions, and were not competent witnesses. 1 Whart. Ev., sec. 466; Leach v. MeEadden, 110 Mo. 584; 1 Greenl.
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Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) Evidence on wbicb decree is based is incompetent. The record shows that Street and Hofmeister conducted the negotiations with Lange in question, that Lange is dead, and that Street and Hofmeister were stockholders and directors of plaintiff, and its agents in these very transactions, and were not competent witnesses. 1 Whart. Ev., sec. 466; Leach v. MeEadden, 110 Mo. 584; 1 Greenl. Ev., secs. 333, 386, 389, 390; Williams v. Perkins, 83 Mo. 379; Meier v. Tliieman, 90 Mo. 442; Bagnall v. Bank, 70 Mo. App. 506;…
1Opinion of the Court
PEE CUEIAM:
The salient facts and features of this litigation are sufficiently presented in the following statement in the chronological order of their occurrence. On July 12, 1892, the Lange Financial Company, a corporation of which one William B. Lange was at the time president, executed to Ernest Eenner eleven promissory notes, one for twenty thous- and dollars, due five years after date, and ten for the sum of six hundred dollars each, due one each six months during the five years, which latter obligations represented the interest to be earned upon the principal note. At the same time it…
2Cases cited14 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Lins v. LenhardtSupreme Court of Missouri · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Hill-Dodge Banking Co. v. LoomisMissouri Court of Appeals · 1909
- McMorrow v. DowellMissouri Court of Appeals · 1905
- Meyer v. RitterCourt of Appeals for the Eighth Circuit · 1920
- Alexander v. WadeMissouri Court of Appeals · 1904
13 more not listed; retrieve them via the Exa API.