Price v. Morning Star Mining Co.
Missouri Court of Appeals
Appeal from tbe Yernon Circuit Court. — Son. O. P. Soss, Special Judge. (1) Tbe admission signed by attorneys for respondent, and J. F. Wise, president of appellant corporation, and introduced by respondent, is not competent testimony to prove that dividends were lawfully declared by tbe corporation. Admissions of officers of a corporation can not be admitted to prove matters that are required to be made a matter of record, and that can be proved by tbe record.
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Appeal from tbe Yernon Circuit Court. — Son. O. P. Soss, Special Judge. (1) Tbe admission signed by attorneys for respondent, and J. F. Wise, president of appellant corporation, and introduced by respondent, is not competent testimony to prove that dividends were lawfully declared by tbe corporation. Admissions of officers of a corporation can not be admitted to prove matters that are required to be made a matter of record, and that can be proved by tbe record. Greenl. on Ev. [11 Ed.], secs. 203, 204; Winsor v. Bank, 18 Mo. App. 665; Holmes v. Board of Trade, Kansas City, 81 Mo. 137; Bank v.…
1Opinion of the CourtSmith, P. J.
The petition is in two counts, in the first of which it is, in substance, alleged that the defendant is a mining corporation in this state, having a capital of four thousand dollars divided into two hundred shares of twenty dollars each; that one S. C. Price, on the twenty-first of *473April, 1898, was the owner of fifty shares of said stock; that the defendant, on the ninth day of April, 1898, declared a dividend of one thousand dollars to be distributed amongst its shareholders according to the number of shares by them severally held;' that eleven days thereafter another like dividend was…
2Cases cited17 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Darrett v. DonnellySupreme Court of Missouri · 1866
- Salisbury Mills v. TownsendMassachusetts Supreme Judicial Court · 1871
- Apperson & Co. v. W. E. & C. L. MooreSupreme Court of Arkansas · 1875
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3Cited by14 opinions
- Koewing v. Greene County Building & Loan Ass'nSupreme Court of Missouri · 1931
- McLaran v. Crescent Planing Mill Co.Missouri Court of Appeals · 1906
- Heller v. LutzSupreme Court of Missouri · 1914
- St. Louis Southwestern Railway Co. v. MeyerSupreme Court of Missouri · 1954
- People's Savings Bank v. HoppeMissouri Court of Appeals · 1908
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