People's Building, Loan & Savings Ass'n v. Chambers

• Decision Date: 20 December 1899
• Citation: 54 S.W. 247
• Parties: PEOPLE'S BUILDING, LOAN & SAVINGS ASS'N v. CHAMBERS.
• Court: Texas Court of Appeals

54 S.W. 247

PEOPLE'S BUILDING, LOAN & SAVINGS ASS'N v. CHAMBERS.

Court of Civil Appeals of Texas.

December 20, 1899.

Appeal from McLennan county court; J. N. Gallagher, Judge.

Action by R. T. H. Chambers against the People's Building, Loan & Savings Association. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

Ashley S. James, for appellant. Easterling & Johnson, for appellee.

FISHER, C. J.

We have carefully considered all the questions raised by the assignments of error, and conclude that no reversible error is shown. There was no error in the court declining to consider the evidence of witness Whitney in reaching a judgment in this case, except as to that portion of his evidence wherein he testified as to the amount of withdrawal certificates that had been filed with him previous to the application to withdraw presented by appellee. If the testimony as to that question could be considered at all, it would not bar the plaintiff's action, as is in effect decided in Association v. Silverman, 85 Pa. St. 394, and Association v. Paxton (Tex. Civ. App.) 33 S. W. 389. The balance of his testimony was founded upon the official action of the directors of the association. Certified copies of the minutes or records evidencing their official acts was the best evidence which could have been produced by the appellant, but was not. Association v. West, 76 Tex. 462, 13 S. W. 307. We do not know what the statute of New York, the domicile of the appellant corporation, is upon the subject of preserving a record and minutes of the official acts of the directors, and, in the absence of such information, we must apply the statutes of this state, which require such minutes and records to be made, and authorize the introduction of copies thereof as evidence. This rule is recognized in the case cited. We find no error in the record, and the judgment is affirmed. Affirmed.