Sullivan v. Strathan-Hutton-Evans Commission Co.
Supreme Court of Missouri
Appeal from the 8t. Louis Gity Circuit Gourt. — How. Daniel D. Eisher, Judge. (1) While a portion of the letter of July 3, 1895, written by the defendant to J. M. Ohittim, referred to a business transaction in which they had a common interest, still the court erred in holding that the portion of that letter which is made the basis of this action is privileged, (a) In making'. a communication which is only privileged by reason of being-made to a person interested in the…
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Appeal from the 8t. Louis Gity Circuit Gourt. — How. Daniel D. Eisher, Judge. (1) While a portion of the letter of July 3, 1895, written by the defendant to J. M. Ohittim, referred to a business transaction in which they had a common interest, still the court erred in holding that the portion of that letter which is made the basis of this action is privileged, (a) In making'. a communication which is only privileged by reason of being-made to a person interested in the subject-matter thereof, the writer must be careful not to branch out into extraneous matter with which he is not concerned.…
1Opinion of the CourtMarshall, J.
Plaintiff is the senior member of the firm of D. Sullivan & Go., which company is engaged in the banking business at San Antonio, Texas. Defendant is a business corporation, organized under the laws of Missouri, and A. D. Evans is its secretary. J. M. Ohittim is a large cattle dealer in Texas and held ten thousand dollars of the stock of the defendant company. Prior to the 24th of June, 1895, the defendant had loaned Ohittim $50,000, which was evidenced by his note to it, secured by a mortgage on 4,150 head of cattle, of which 2,500 were in the Thornton pasture, in Bee county, Texas, and…
2Cases cited1 opinion
- Arnold v. JewettSupreme Court of Missouri · 1894
3Cited by22 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
- Ukman v. Daily Record Co.Supreme Court of Missouri · 1905
- Holmes v. Royal Fraternal UnionSupreme Court of Missouri · 1909
- Williams v. Kansas City Transit, Inc.Supreme Court of Missouri · 1960
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