Midland National Bank v. Schoen
Supreme Court of Missouri
Appeal from Clay Circuit Court:- — Hon. J. M. Sandusky, Judge. (1) When a party to a suit is on the witness stand it is proper to interrogate him as to contradictory answers given by him at the time when his deposition was taken in the same suit. Thompson on Trials, sec. 831; Wiseman v. Railroad, 30 Mo.
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Appeal from Clay Circuit Court:- — Hon. J. M. Sandusky, Judge. (1) When a party to a suit is on the witness stand it is proper to interrogate him as to contradictory answers given by him at the time when his deposition was taken in the same suit. Thompson on Trials, sec. 831; Wiseman v. Railroad, 30 Mo. App. 516. (2) When a note is given for the individual debt of one, two or more partners with the consent of all the partners, it then becomes a partnership obligation, and either one of the partners has the right to sign the firm name for a renewal of such obligation, upon its maturity.…
1Opinion of the CourtBarclay, J.
— This is an action upon two promissory notes; the first dated September 8, 1890; the second, September 27, 1890, each payable at ninety days.
The notes were ostensibly executed by Louis A. Schoen, Bertha Schoen and Schoen Bros, to plaintiff.
The action was begun in Jackson county against all the makers, including George J. Schoen, who was charged to be liable as a member of the firm of Schoen Brothers. But he denied liability, and caused the removal of the case to another county by change of venue, where the issues as to him were tried.
*653His answer denied under oath the facts charged in the…
2Cases cited2 opinions
- Tilford v. RamseySupreme Court of Missouri · 1866
- Hayner v. CrowSupreme Court of Missouri · 1883
3Cited by6 opinions
- Taylor v. SartoriousMissouri Court of Appeals · 1908
- Creason v. HardingSupreme Court of Missouri · 1939
- Bissell v. WardeSupreme Court of Missouri · 1895
- Kahn v. OverstolzMissouri Court of Appeals · 1899
- Opinion No. (1983), Missouri Attorney General Reports1983
1 more not listed; retrieve them via the Exa API.