Legal Opinion

Banking House of Wilcoxson & Co. v. Rood

Supreme Court of Missouri

Decided January 28, 1896PublishedCited by 37 opinions

Appeal from Carroll Circuit Court. — Hon. W. W. Ruqker, Judge. (1) The Wilcoxsons being stockholders, and the officers of the plaintiff corporation, were not competent witnesses. R. S. 1889, sec. 8918. (2) Witnesses who would be benefited by their testimony are as equally incompetent as if they were parties to the record.

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Appeal from Carroll Circuit Court. — Hon. W. W. Ruqker, Judge. (1) The Wilcoxsons being stockholders, and the officers of the plaintiff corporation, were not competent witnesses. R. S. 1889, sec. 8918. (2) Witnesses who would be benefited by their testimony are as equally incompetent as if they were parties to the record. Meier v. Thieman, 90Mo. 334. (3) Any other ru.le would give litigants interested in a corporation an undue and unfair advantage over any other individual, and would constitute them a highly privileged class. Corporations are defined to be individuals. R. S. 1889, sec. 6568;…

1Opinion of the CourtMacearlane, J.

Plaintiff, a banking corporation, presented to the probate court for allowance against the estate of N. P. Rood, deceased, a note for $515. On appeal to the circuit court plaintiff recovered judgment and defendant appealed.

On the trial James M. Wilcoxson and Harrison Wilcoxson, both stockholders in the bank, the former its cashier and the latter its president, were permitted *259to testify as witnesses. Defendant objected to their competency on the ground that they were both interested in the result of the suit, and Rood, the other party to the note, was dead. These witnesses testified that the…

2Cases cited8 opinions

  1. Williams v. EdwardsSupreme Court of Missouri · 1887
  2. Stanton v. RyanSupreme Court of Missouri · 1867
  3. Bates v. ForchtSupreme Court of Missouri · 1886
  4. Orr v. RodeSupreme Court of Missouri · 1890
  5. Nichols, Shepard & Co. v. JonesMissouri Court of Appeals · 1888

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3Cited by37 opinions

  1. Freeman v. BerberichSupreme Court of Missouri · 1933
  2. Clark v. ThiasSupreme Court of Missouri · 1903
  3. Carroll v. United Railways Co.Missouri Court of Appeals · 1911
  4. Weiermueller v. ScullinSupreme Court of Missouri · 1907
  5. Green v. DitschSupreme Court of Missouri · 1898

32 more not listed; retrieve them via the Exa API.

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