Fink v. Hey
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.- — Hon. James E. Withrow, Judge. Tlie court erred in admitting over the appellant’s objection the testimony of the witnesses Weniger, Ball, Hayden, and Spielman,- as to the alleged acts and admissions of Schulte at lodge meetings, on the ground that they were disqualified to testify as to such facts, if they existed, by reason of Schulte’s death, and their interest in the result of the controversy.
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Appeal from the St. Louis City Circuit Court.- — Hon. James E. Withrow, Judge. Tlie court erred in admitting over the appellant’s objection the testimony of the witnesses Weniger, Ball, Hayden, and Spielman,- as to the alleged acts and admissions of Schulte at lodge meetings, on the ground that they were disqualified to testify as to such facts, if they existed, by reason of Schulte’s death, and their interest in the result of the controversy. R. S. 1889, sec. 8918; Butts v. Phelps, 79 Mo. 302; Williams r. Perkins, 83 Mo. 379 ; Stanton ». Ryan, 41 Mo. 515; Wiley v. Morse, 30 Mo. App. 266 ;…
1Opinion of the Court
Thompson,- J.
This was an action on a bond given by the defendant Lampert, as master of the exchequer, which means treasurer, of an unincorporated lodge of a benevolent society. The action was not defended, except by Mrs. Schulte, executrix of the estate of J. P. Schulte, one of the alleged sureties. The only question at issue was whether Schulte ever signed the bond. No direct evidence to that effect was adduced ; but the evidence offered by the plaintiffs to prove the fact was the production of the bond in their custody, with his name signed to it by some one, and the evidence to the effect…
2Cases cited10 opinions
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Ring v. JamisonSupreme Court of Missouri · 1877
- Angell v. HesterSupreme Court of Missouri · 1876
- Bates v. ForchtSupreme Court of Missouri · 1886
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3Cited by3 opinions
- Southern Commercial Savings Bank v. Slattery's AdministratorSupreme Court of Missouri · 1902
- BACKERS-BEHRENS-GIST LUMBER COMPANY v. AdamsMissouri Court of Appeals · 1958
- Jenkins v. EmmonsMissouri Court of Appeals · 1906