Gartside v. Connecticut Mutual Life Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The court of appeals gave too broad a construction to the statute of Missouri relating to the competency of witnesses. It should have been strictly construed. Smith v. Moffat, 1 Barb. (N. Y.) 65; Dioelly v. Lioelly, 46 Me. 877; Young v. McKenzie, 3 Ga. 31; Dewey v. Goodenough, 56 Barb.
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Appeal from St. Louis Court of Appeals. The court of appeals gave too broad a construction to the statute of Missouri relating to the competency of witnesses. It should have been strictly construed. Smith v. Moffat, 1 Barb. (N. Y.) 65; Dioelly v. Lioelly, 46 Me. 877; Young v. McKenzie, 3 Ga. 31; Dewey v. Goodenough, 56 Barb. (N. Y.) 54; State v. Clinton, 67 Mo. 380; Satterlee v. Bliss, 36 Cal. 489; Gower v. Emery, 18 Me. 79; Ilotaling v. Cronise, 2 Cal. 60; Warner v. Fowler, 8 Md. 25. The New York and Michigan authorities cited by plaintiff have no application here, as the statutes of those…
1Opinion of the CourtNorton, J.
This suit was instituted in the circuit court of the city of St. Louis, on a policy of insurance to recover a death loss. On the trial judgment was rendered for defendant, which, on plaintiff’s appeal to the St. Louis court of appeals, was reversed, and from the judgment of reversal defendant prosecutes an appeal to this court
The only question presented on said appeal for our determination is, whether a physician, who is called to visit a patient, when introduced as a witness, can be required or allowed to disclose any information acquired by him from such patient, either orally, by signs or…
2Cases cited8 opinions
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Sloan v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Briggs v. BriggsMichigan Supreme Court · 1870
- Johnson v. JohnsonNew York Court of Chancery · 1834
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
- State v. KennedySupreme Court of Missouri · 1903
- Groll v. TowerSupreme Court of Missouri · 1884
20 more not listed; retrieve them via the Exa API.