State ex rel. Mackey v. Thompson
Missouri Court of Appeals
Appeal from Circuit Court, City of St. Louis. — Hon., Franldin Ferris, Judge. (1) The court erred in excluding the testimony of relator as against the executors of the estate of ¥m. Beating, for the reason that when a contract is made on one side by two or more persons, one of whom has since died, tbe fact does not disqualify tbe adverse party from testifying in tbe case. B. S. 1889, sec. 8918; Wallace v. Jecko', 25 Mo.
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Appeal from Circuit Court, City of St. Louis. — Hon., Franldin Ferris, Judge. (1) The court erred in excluding the testimony of relator as against the executors of the estate of ¥m. Beating, for the reason that when a contract is made on one side by two or more persons, one of whom has since died, tbe fact does not disqualify tbe adverse party from testifying in tbe case. B. S. 1889, sec. 8918; Wallace v. Jecko', 25 Mo. App. 315; Eulkerson v. Thornton, 68 Mo. 468; Amonett v. Montague, 75 Mo. 43; Nugent v. Curran, 77 Mo. 323; Williams v. Perkins, 83 Mo. 379. (2) The^court erred in bolding that…
1Opinion of the CourtBiggs, J.
This is an action on 'the official bond of the defendant Hugh M. Thompson, a notary public. He is charged with negligently taking and certifying a false acknowledgment of a deed of trust. One Henry Zimmerman introduced a man to Thompson as Lee Martin. At the same time he presented a deed of trust on a lot situated upon Leffingwell avenue in the city of St. Louis, which purported to be executed by Lee Martin as grantor therein, and to secure the payment of a note for $800. Zimmerman was named as payee in the note. Zimmerman requested Thompson to take the acknowledgment of the man to the deed…
2Cases cited15 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
- Gerren v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1875
- Dozier v. JermanSupreme Court of Missouri · 1860
- State ex rel. Kleinsorge v. MeyerMissouri Court of Appeals · 1876
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Park National Bank v. Globe Indemnity Co.Supreme Court of Missouri · 1933
- Stine v. Kansas City Terminal Railway Co.Missouri Court of Appeals · 1978
- State ex rel. Scruggs v. PackardMissouri Court of Appeals · 1918
- Comstock v. KeatingMissouri Court of Appeals · 1905
- Boggs v. Farmers State Bank of Texas CountyMissouri Court of Appeals · 1993
3 more not listed; retrieve them via the Exa API.