Farmers' & Merchants' Bank of Memphis v. Lonergan's Adm'x
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was a demand presented for allowance in the Probate Court, against the estate of Kennedy Lonergan, founded upon a bill of exchange dated April 22, 1847, drawn by said Loner-gan upon William O. Lofland, and accepted by him, payable to the order of William Clark, and -claimed to have been endorsed to the plaintiff.
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Error to St. Louis Circuit Court. This was a demand presented for allowance in the Probate Court, against the estate of Kennedy Lonergan, founded upon a bill of exchange dated April 22, 1847, drawn by said Loner-gan upon William O. Lofland, and accepted by him, payable to the order of William Clark, and -claimed to have been endorsed to the plaintiff. On the back of the bill was the signature, “ William Clark,” over which were written the words, “ I hereby waive demand and notice, 15th July, 1847,” which latter words were testified by a witness for the defendant to have been erased after the…
1Opinion of the CourtScott, Judge
It is evident that this cause was tried in such a way that the judgment cannot be sustained. The plaintiff is a foreign corporation. She attempted to sustain her action by depositions proving the contents of her books. The portion of the depositions containing such testimony, was objected to by the defendant, and it was properly excluded by the court, as the books were not produced, and their absence not accounted for.
The defendant in turn offered depositions, tending to make out a defence, proving a portion of the contents of the same books, without any notice to produce them ; this…
2Cited by1 opinion
- Sheehan v. Southern InsuranceMissouri Court of Appeals · 1893