Karr v. Jackson

• Citation: 28 Mo. 316
• Parties: KARR et al., Respondents, v. JACKSON, Appellant.
• Decision Date: 31 March 1859
• Court: United States State Supreme Court of Missouri

28 Mo. 316

KARR et al., Respondents,

v.JACKSON, Appellant.

Supreme Court of Missouri.

March Term, 1859.

1. The mode of authenticating the laws and records of the different states prescribed by the laws of the United States is not exclusive of the common law modes of proving the same; thus, where the general banking law of a sister state requires articles of association entered into in pursuance thereof to be recorded and makes a duly certified copy of the record evidence, a sworn copy of such record is admissible in the courts of this state.

Appeal from St. Louis Court of Common Pleas.

This was an action on a promissory note executed by defendant in favor of the Bank of Belleville. The note was assigned to the plaintiffs. The answer put in issue the establishment of the Bank of Belleville under the laws of Illinois, and further set up that the note was without consideration and was procured by fraudulent representations. The plaintiffs gave in evidence the general banking law of Illinois approved February 15, 1851. (See Sess. Acts, Ill., 1851, p. 163; Statutes of Ill. 1858, p. 111.) Plaintiffs also offered in evidence the deposition of F. Karsch, who testified that he was deputy recorder in St. Clair county, Illinois; that the copy of the articles of association of the Bank of Belleville, which was annexed to his deposition as an exhibit, was a correct copy of the record in the recorder's office of the said articles; that the original articles had been taken away from the recorder's office after being recorded. This exhibit purported to be the certificate or articles of association establishing the Bank of Belleville under the law of Illinois above referred to, and to have been acknowledged, &c. To this exhibit there were two certificates annexed. William S. Thomas, clerk of the circuit court of St. Clair county, Illinois, and ex officio recorder of deeds for said county, certified, under the seal of said court, that said exhibit was a true and correct copy of the original on record in his office, in book No. 3, page 422. The presiding judge of the St. Clair circuit court certified as follows: “That the foregoing attestation of Wm. L. Thomas, clerk, by Ferd. Karsch, deputy, is in due form of law.” The defendant objected to the reading of said certificate or articles of association annexed to the deposition of Karsch on the following grounds: first, because the certificate of the judge thereto appended did not state that the attestation of the clerk and ex officio recorder was by the proper officer, and because no certificate was appended that the said judge was duly commissioned and qualified; secondly, that it was not admissible as an examined or sworn copy; that it did not purport to be a copy of the original; nor did it appear that the witness had compared with it the original, or in whose custody the book or record was from which said exhibit was made. The court admitted said articles of association in evidence.

Krum & Harding, for appellant.

I. The court erred in admitting the copy of the articles of association establishing the bank of Belleville. The writing was not certified in conformity with the act of Congress concerning the authentication of records. (4 Mo. 371.) It was not admissible as a sworn copy. It was a copy of a copy. The witness did not and could not state that it was a copy of the original.

II. There was no consideration for the note. The subscription of the defendant amounted to nothing, for all...