Smith v. Jefferson Bank
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. (1) The court erred in permitting respondents to introduce secondary evidence of the contents of letters. Price v. Hunt, 59 Mo. 262; Kuhn v. Schwartz, 33 App. 614; Cozens v. Barrett, 23 Mo. 546: (2) Self-serving declarations, hearsay, and impressions not competent as testimony. Spier v. Burlingame, 61 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. (1) The court erred in permitting respondents to introduce secondary evidence of the contents of letters. Price v. Hunt, 59 Mo. 262; Kuhn v. Schwartz, 33 App. 614; Cozens v. Barrett, 23 Mo. 546: (2) Self-serving declarations, hearsay, and impressions not competent as testimony. Spier v. Burlingame, 61 Mo. App. 87; Cot-trill v. Speiss, 23 Mo". App. 41; Tucker v. Frederick, 28 Mo. 575; Collins v. Todd, 17 M'o. 540; Fountain v. Ry., 114 Mo. App. 682, 684; Redmon v. Piersól, 39 Mo. App. 174. (3) The admission of irrelevant…
1Opinion of the CourtGoode, J.
(after stating the facts).
1. A matter left somewhat obscure by the evidence is how the Mound City Company got the eggs from the railway company without the original bills of lading, if, in point of fact, this happened. There is testimony that such an incident was not unusual, and as the parties have laid no stress on it, we will lay none.
Several instructions given for the plaintiffs proceeded on the theory that the evidence afforded a basis for a finding that the eggs were turned over by the Mound City Company to the defendant bank to pay or secure an antecedent debt owed to that institution.…
2Cases cited26 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Thacher v. PrayMassachusetts Supreme Judicial Court · 1873
- Hardwicke v. HamiltonSupreme Court of Missouri · 1894
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3Cited by5 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- Union Biscuit Co. v. Springfield Grocer Co.Missouri Court of Appeals · 1910
- Maxwell v. DurhamMissouri Court of Appeals · 1927
- Pope v. FloreaMissouri Court of Appeals · 1912
- Boyd v. Bank of Mercer CountyMissouri Court of Appeals · 1913