Barclay v. Globe Mutual Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This suit against the Globe Mutual Insurance Company was commenced March 27, 1855, The defendant, at the trial, called as a witness W. W. Greene, president of the Globe Mutual Insurance Company, the defendant, who, being examined on his voir dire, stated that he was a stockholder in said company. The court ruled that he was incompetent. It is deemed unnecessary to set forth the facts bearing upon the other questions discussed.
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Appeal from St. Louis Court of Common Pleas. This suit against the Globe Mutual Insurance Company was commenced March 27, 1855, The defendant, at the trial, called as a witness W. W. Greene, president of the Globe Mutual Insurance Company, the defendant, who, being examined on his voir dire, stated that he was a stockholder in said company. The court ruled that he was incompetent. It is deemed unnecessary to set forth the facts bearing upon the other questions discussed. I. Greene, although a stockholder, was a competent witness. He was not a person for whose immediate benefit the suit was…
1Opinion of the CourtScott, Judge
This judgment will be reversed for the reason that the evidence of the president of the company, who was a stockholder, was excluded. A stockholder of a corporation, which is a defendant in an action, is not a person for whose immediate use such action is defended. Although the property of the witness was liable to an execution in the event of a want of corporate means to satisfy the judgment that might be recovered, yet, as the want of those means was not shown, the relation of the stockholder to the corporation was not variant from that of a stockholder in any corporation which was not…
2Cases cited2 opinions
- Stein v. Weidman's AdministratorSupreme Court of Missouri · 1854
- Weston v. HuntSupreme Court of Missouri · 1854
3Cited by3 opinions
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
- Krum v. BeardSupreme Court of Missouri · 1862