Pierce Loan Co. v. Killian

Decision Date29 November 1910
PartiesPIERCE LOAN CO. v. KILLIAN.
CourtMissouri Court of Appeals

Appeal from St. Louis Circuit Court; Virgil Rule, Judge.

Action by the Pierce Loan Company against Mary E. Killian, administratrix of Robert Lee Killian, deceased. From a judgment for defendant, plaintiff appeals. Reversed and remanded.

This action originated as a claim in the probate court against the estate of defendant's intestate, R. Lee Killian. The claim was for an alleged balance of $620.85 upon an open account. William Geist, secretary of the plaintiff, whose duty it was to sell goods and make loans and keep the books, testified on behalf of plaintiff that he was the agent of the plaintiff in its transactions with Killian, identified the alleged account with Killian, and stated that the entries composing said account were made by him at the time the respective transactions represented therein took place. The account was introduced in evidence. It was headed with the name "Lee Killian," and the debit side contained 30 charges under divers dates, from October 9, 1901, to February 16, 1907, and totaling $2,746.35, for diamonds and other jewelry and cash. Said account showed under date of May 27, 1904, a debit for a diamond stud, price $630. There was no purchase or debit shown by the account from December 24, 1904, until February 16, 1907, and the last item was for cash 50 cents under said last-mentioned date. On the credit side of said account is shown 39 items, totaling in amount $2,125.50. Deducting the credits from the debits left a debit balance of $620.85.

Mr. A. C. Stewart, attorney at law, who was formerly president of the board of police commissioners of St. Louis, testified that he was present at the trial of the deceased before the police board in 1905 or 1906, it appearing that the deceased had been a detective; remembers that Killian and Geist were there; also that Mr. John J. Kelly, the then stenographer of the board, took a shorthand report of the testimony; that the account book introduced in evidence was then before the board, and Killian examined it and made a statement that he was indebted for some diamonds or jewelry, something of that kind; does not remember whether Killian mentioned the amount; remembers Killian examined Geist.

John J. Kelly, the stenographer, testified by referring to his notes that Killian was before the police board on December 29, 1905, as a defendant; that Mr. Geist was present as a witness and Killian cross-examined him; that the questions and answers upon such cross-examination included the following: "Detective Killian: Q. These diamonds that I purchased from you, I bought these diamonds from you on time payments? A. Yes, sir. Q. I would buy one diamond, and then another, trade one to you for another, and at the end of each month would pay you a small payment, would give you a small amount of money? A. At different times there was different amounts paid. Q. I have made as many payments as from here to Belleville? A. Quite as bad. Q. I owe on your books to-day $750? A. Yes, sir. Q. You trusted me with that, and I am paying you on time payments? A. Small amounts."

Thomas F. Lynch, who admitted that he had resigned from the police force under charges, after having been on the force 55 days, and who stated that he had not taken enough interest in the charges to even ascertain what they were, testified that while he was in plaintiff's pawnshop about the middle of February, 1907, Killian came in and made a payment of $49.50, and said to Geist: "That only leaves a little over $600 now." On cross-examination it was developed that this witness had been a frequenter of plaintiff's pawnshop for about three years. He testified that he could not tell whether he had been in the pawnshop in January. On recross-examination he stated that the statement he attributed to Killian about owing more than $600 must have been about the 15th or 16th of January.

Mr. John J. Murphy testified that he had seen Mr. Killian in the office of the Pierce Loan Company (time not mentioned) and had seen him exchange a diamond stud for a...

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22 cases
  • Gates Hotel Co. v. Davis Real Estate Co., 29602.
    • United States
    • Missouri Supreme Court
    • 3 Septiembre 1932
    ...cross-examination. Tierney v. Hannon's Exr., 81 Mo. App. 488; Edwards v. Latimer, 183 Mo. 610, 82 S.W. 109; Pierce Loan Co. v. Killian, 153 Mo. App. 106, 132 S.W. 280; Ables v. Ackley, 126 Mo. App. 84, 103 S.W. 974; Stuyvacrt v. Arnold, 122 Mo. App. 421, 99 S.W. 529; Meffert v. Lawson, 315 ......
  • Gates Hotel Co. v. C. R. H. Davis Real Estate Co.
    • United States
    • Missouri Supreme Court
    • 3 Septiembre 1932
    ... ... Grayson, 230 Mo. 380; Quinn v. Van Raalte, 276 ... Mo. 71; Arbuthnot v. Brookfield Loan & Bldg. Assn., ... 98 Mo. 382; Osborne v. Fridrich, 134 Mo.App. 449; ... Vandergrif v ... Hannon's Exr., 81 ... Mo.App. 488; Edwards v. Latimer, 183 Mo. 610, 82 ... S.W. 109; Pierce Loan Co. v. Killian, 153 Mo.App ... 106, 132 S.W. 280; Ables v. Ackley, 126 Mo.App. 84, ... ...
  • Manley v. Ryan
    • United States
    • Missouri Court of Appeals
    • 4 Abril 1939
    ... ... Tomlinson v. Ellinson, 104 Mo. 105; ... Stuyvaert v. Arnold, 122 Mo.App. 421; Loan Co ... v. Killian, 153 Mo.App. 106; Brokerage Co. v ... Humes, 193 Mo.App. 120; Slagle v ... ...
  • Manley, Admx., v. Ryan
    • United States
    • Missouri Court of Appeals
    • 4 Abril 1939
    ...witnesses to testify as to the gifts inter vivos. Tomlinson v. Ellinson, 104 Mo. 105; Stuyvaert v. Arnold, 122 Mo. App. 421; Loan Co. v. Killian, 153 Mo. App. 106; Brokerage Co. v. Humes, 193 Mo. App. 120; Slagle v. Callaway, 333 Mo. 1055; Kneuven v. Berliner's Estate, 54 S.W. (2d) 494. (b)......
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