Bank of Missouri v. Merchants' Bank
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. To reverse the judgment of the St. Louis Court of Common Pleas, the plaintiff in error relies on the following points: 1. That the depositions of Danl. Sprigg, Thos. D. Johnston, and John B. Morris, offered in evidence by the defendant in error, ought to have been excluded by the Court of Common Pleas on the motion of plaintiff in error to that effect.
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APPEAL from St. Louis Court of Common Pleas. To reverse the judgment of the St. Louis Court of Common Pleas, the plaintiff in error relies on the following points: 1. That the depositions of Danl. Sprigg, Thos. D. Johnston, and John B. Morris, offered in evidence by the defendant in error, ought to have been excluded by the Court of Common Pleas on the motion of plaintiff in error to that effect. The record shows no notice of the taking — no commission — no authentication — and none of the exigencies in which alone, by our statute, the deposition of a witness may he read in evidence. See Code…
1Opinion of the CourtNapton, J.
The Merchants’ bank of Baltimore brought an action of assumpsit in the Circuit Court of St. Louis, against the hank of the State of Missouri. The special counts of the declaration averred, in substance, that on the 6th of July, 1839, the hank, of Missouri was indebted to the bank of Balmore in the sum of $20,000, for so much money theretofore collected^ and being so indebted, on said 6th day of July promised said Merchants’ bank to pay her drafts or checks not exceeding such indebtedness; and that on said day and year the said Merchants’ hank of Baltimore drew a draft on said bank of…
2Cases cited1 opinion
- Hicks v. MinturnNew York Supreme Court · 1838
3Cited by4 opinions
- Cass County v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1905
- City of Goodland v. Bank of DarlingtonMissouri Court of Appeals · 1898
- Wibracht v. AnnanMissouri Court of Appeals · 1901
- The Johns HopkinsU.S. Circuit Court for the District of Massachusetts · 1882