Citizens' Bank of Union v. Hilkemeyer

Decision Date03 July 1930
Docket Number28592
PartiesCitizens Bank of Union and Bank of Union v. Ida Hilkemeyer, Ida Hilkemeyer as Executrix of Last Will of L. G. Hilkemeyer, and Frank W. Jenny, Appellants
CourtMissouri Supreme Court

Reported at 325 Mo. 849 at 861.

Original Opinion of July 3, 1930, Reported at 325 Mo. 849.

OPINION

PER CURIAM

On Motion to Modify Opinion

Respondents have filed motion asking the court to modify the opinion in this cause so as to reverse and remand the cause instead of reversing outright; alleging that on another trial they can produce sufficient proof that L. G. Hilkemeyer was insolvent at the time of making the conveyance complained of. We have concluded the respondents should be given opportunity to produce such proof if available. The motion to modify is sustained and the opinion is modified by adding thereto, after the concluding words "the judgment, therefore, is reversed" the following, to-wit: "And the cause remanded for new trial," so that the concluding sentence of the opinion shall read "The judgment, therefore, is reversed and the cause remanded for new trial." All of the judges concur.

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4 cases
  • Daggett v. Kansas City Structural Steel Co.
    • United States
    • Missouri Supreme Court
    • December 6, 1933
    ... ... that evidence, because it went in without objection ... Citizens Bank v. Hilkemeyer, 325 Mo. 849, 29 S.W.2d ... 1094; Minton v ... of the trade union of which Daggett was a member at the time ... of his employment. He was ... ...
  • Merz v. Tower Grove Bank & Trust Co.
    • United States
    • Missouri Supreme Court
    • July 7, 1939
    ... ... or evidence. Roehl v. Ralph, 84 S.W.2d 405; ... Citizens Bank of Union v. Hilkemeyer, 325 Mo. 849, ... 29 S.W.2d 1090; Shidlodelski v. New York C. & St ... ...
  • Daggett v. K.C. Structural Steel Co., 32439.
    • United States
    • Missouri Supreme Court
    • December 6, 1933
    ...hearsay does not destroy the competency or weight of that evidence, because it went in without objection. Citizens Bank v. Hilkemeyer, 325 Mo. 849, 29 S.W. (2d) 1094; Minton v. Driemeier Storage & Moving Co., 223 Mo. App. 1124, 22 S.W. (2d) 63; Robertson v. Energy Const. Co., 294 S.W. 426. ......
  • Citizens' Bank of Union v. Hilkemeyer
    • United States
    • Missouri Supreme Court
    • July 3, 1930
    ...Will of L. G. Hilkemeyer, and Frank W. Jenny, Appellants No. 28592Supreme Court of MissouriJuly 3, 1930 Rehearing Granted, Reported at 325 Mo. 849 at 861. Appeal from Franklin Circuit Court; Hon. R. A. Breuer, Judge. Reversed and remanded. Joseph Kane and Frank W. Jenny for appellants. (1) ......

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