St. Charles Savings Bank v. Denkee
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William M. Ki/nsey, Judge. (1) The deposition of Bruere was properly admissible in evidence, (a) As a deposition, notwithstanding the lack of cross-examination and signature. Scott v. McCann, 76 Md. 47; Fuller v. Price, 4 Cray (Mass.) 343. (b) As the properly proven testimony of the witness concerning the litigation. 16 Cyc. 1099. (c) As the declarations of the bank by its president against interest.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Ki/nsey, Judge. (1) The deposition of Bruere was properly admissible in evidence, (a) As a deposition, notwithstanding the lack of cross-examination and signature. Scott v. McCann, 76 Md. 47; Fuller v. Price, 4 Cray (Mass.) 343. (b) As the properly proven testimony of the witness concerning the litigation. 16 Cyc. 1099. (c) As the declarations of the bank by its president against interest. Malack v. Railway Co., 57 Mo. 21; Roberts v. Railway Co., 153 Mo. App. 695. (d) No exceptions having been filed by respondent to the ruling of the…
1Opinion of the Court
WHITE, C.
The plaintiff bank brought this suit against the defendants as sureties on the bond of A. F. Mispagel, plaintiff’s cashier. The petition, after alleging the employment of Mispagel as cashier and setting out the undertaking, alleged that Mispagel had misappropriated and neglected to account for large sums of money, amounting to $36.275.05; and that at divers times during the period covered by- the bond said Mispagel had máde false entries in the books of the plaintiff bank for the purpose of concealing the misappropriations — entries which indicated money received by plaintiff bank…
2Cases cited46 opinions
- Guarantee Co. of North America v. Phenix Ins.Court of Appeals for the Eighth Circuit · 1903
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- State ex inf. Crow v. Firemen's Fund InsuranceSupreme Court of Missouri · 1899
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- Bailey v. McAlpinSupreme Court of Georgia · 1905
41 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Williams v. ChamberlainSupreme Court of Missouri · 1958
- Edwards v. Business Men's Assurance Co. of AmericaSupreme Court of Missouri · 1942
- Nehring v. SmithSupreme Court of Iowa · 1951
- Senter v. FergusonMissouri Court of Appeals · 1972
- People v. McGowanCalifornia Court of Appeal · 1926
29 more not listed; retrieve them via the Exa API.