Cheltenham Fire-Brick Co. v. Cook
Supreme Court of Missouri
Appeal from SI. Louis Circuit Court, The facts sufficiently appear in tbe opinion of the court. I. The Circuit Court erred in admitting in evidence the statements of Theodore Cook, made to Charles M. Elleard, A. B. M. Thompson, and Richard J. Howard, concerning the amounts of money for which, he was in arrear to his employers.
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Appeal from SI. Louis Circuit Court, The facts sufficiently appear in tbe opinion of the court. I. The Circuit Court erred in admitting in evidence the statements of Theodore Cook, made to Charles M. Elleard, A. B. M. Thompson, and Richard J. Howard, concerning the amounts of money for which, he was in arrear to his employers. These statements of Theodore were not made in the presence of the defendant, nor while he was authorized by any relation which he held to the defendant to bind him by his admissions. The defendant, by his writing, had promised to pay, not what Theodore Cook may have…
1Opinion of the CourtCurrier, Judge
The plaintiffs sue on a written obligation or bond, which is in the following words:
“This obligation witnesseth: Whereas, Theodore F. Cook has been employed as book-keeper and treasurer of the late firm of Evans & Howard, also of the Cheltenham Fire-Brick Company, and in that capacity has received and improperly appropriated to his own use moneys of said concerns to an unknown amount, for which he is still in arrears, not having accounted therefor; and whereas, said concerns are-willing and hereby consent that said Cook may have thirty days’ time within which to account for and pay over said…
2Cases cited3 opinions
- Miles v. DavisSupreme Court of Missouri · 1854
- Town of Hinesburgh v. SumnerSupreme Court of Vermont · 1837
- State ex rel. Squire & Reed v. BirdSupreme Court of Missouri · 1856
3Cited by12 opinions
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Sprague v. RooneySupreme Court of Missouri · 1891
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
- Sumner v. SummersSupreme Court of Missouri · 1873
- Parke, Davis & Co. v. MullettSupreme Court of Missouri · 1912
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