Legal Opinion

Sweitzer v. Allen Banking Co.

Missouri Court of Appeals

Decided May 30, 1898PublishedCited by 7 opinions

Appeal from the Gass Circuit Court. — Hon. W. W. Wood, Judge. The court erred in excluding the certificates of deposit sued on as evidence in the cause.

Read the full summary

Appeal from the Gass Circuit Court. — Hon. W. W. Wood, Judge. The court erred in excluding the certificates of deposit sued on as evidence in the cause. Wilson v. Hayes, 4 L. R. A. 201; 40 Minn. 531; Yan Brunt v. Yan Brunt, 3 Edwards Oh, 555; Jones v. Ireland, 4 Iowa, 66; Wilson v. Harris, 35 Iowa, 508; Finney v. Turner, 10 Mo. 134; Matthews v. Coulter, 9 Mo. 706 (696); Lubbering v. Kohlbreehe, 22 Mo. 596; McCormick v. Fitzmorris, 39 Mo. 34; Paramore v. Lindsey, 63 Mo. 66; Holton v. Kemp, 81 Mo. 661; Stillwell v. Patton, 108 Mo. 360; Burnett v. McCluey, 78 Mo. 687; Grimes v. Whitesides, 65…

1Opinion of the CourtSmith, P. J.

statemeht. This is an action brought by plaintiff who is administrator of the estate of Lewis Frederick, deceased, to recover on two certificates of deposit payable to defendant, one —number 47 — due three months after date and the other — number 61 — in six months, each bearing five per cent interest until maturity. The printed words therein, 11 No interest after maturity” were erased. *4The erasure in the former was with pen and ink, the ink being of a different color from that of the written portion thereof, and in the latter with a pencil. The defendant pleaded non est factum. The cause was…

2Cases cited11 opinions

  1. Paramore v. LindseySupreme Court of Missouri · 1876
  2. Burnett v. McClueySupreme Court of Missouri · 1883
  3. McCormick v. FitzmorrisSupreme Court of Missouri · 1866
  4. Stillwell v. PattonSupreme Court of Missouri · 1891
  5. Lubbering v. KohlbrecherSupreme Court of Missouri · 1856

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Coleman v. HageySupreme Court of Missouri · 1913
  2. Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
  3. Lohnes v. BakesMissouri Court of Appeals · 1911
  4. German-American Bank v. ManningMissouri Court of Appeals · 1908
  5. Kircher v. DunningtonSupreme Court of Missouri · 1930

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API