Williams v. Edwards

• Decision Date: 19 March 1888
• Citation: 94 Mo. 447,7 S.W. 429
• Parties: WILLIAMS v. EDWARDS.
• Court: Missouri Supreme Court

7 S.W. 429

94 Mo. 447

WILLIAMS v. EDWARDS.

Supreme Court of Missouri.

March 19, 1888.

1. WITNESS — TRANSACTIONS WITH DECEASED — CONTRACT WITH DECEASED AGENT OF CORPORATION.

Rev. St. Mo. § 4010, providing that where one of the parties to the contract in issue is dead, the other party shall not testify in his own favor, prohibits a party from testifying in his own behalf to an oral contract made between him and a corporation, when the latter's agent, who made the contract for the corporation, is dead.

2. SAME — TRANSACTIONS WITH DECEASED PARTIES — CONTRACT WITH CORPORATION — DISSOLUTION.

But such statute does not prevent a party from testifying because the corporation with which he contracted has since been dissolved, the statute referring only to natural death.

3. PRINCIPAL AND AGENT — POWER OF AGENT TO BIND PRINCIPAL — DECLARATIONS.

Declarations and agreements made by the soliciting agent of an insurance company, in regard to the settlement of a note and trust deed held by the company, are not admissible in evidence against the corporation, unless it is first shown that the matters referred to were within the scope of his agency.

Appeal from circuit court, Macon county; ANDREW ELLISON, Judge.

This is an action of ejectment brought by John F. Williams, superintendent of the insurance department of Missouri, against Charles S. Edwards. Defendant obtained judgment, and plaintiff appeals.

W. S. Relfe and John T. Jones, for appellant. Eli J. Newton and Dysart & Mitchell, for respondent.

SHERWOOD, J.

Ejectment for land in Macon county. Answer of defendant, a general denial, and to the effect that the note secured by the deed of trust given by him, and under which the land was sold, had been satisfied prior to the sale; and there was a prayer asking that the deed of trust be declared satisfied; the deed of the trustee made by virtue thereof to the St. Louis Life Insurance Company, and the deed to the Life Association of America, be set aside, etc.; and for other and further relief. Reply puts in issue the allegations of the answer as to payment, etc. The cause came on for hearing, and "plaintiff's title papers were regular in every respect, consisting of (1) deed of trust from C. S. Edwards to Thos. A. Russell, trustee of Mount City Mutual Life Insurance Company, dated June 30, 1870, and recorded July 2, 1870, in book 12, at page 14. (2) Thos. A. Russell, trustee, to St. Louis Life Insurance Company, trustee's deed sale, made as authorized in said deed of trust, dated June 20, 1874; recorded June 23, 1874, in book 19, page 383. (3) Charter of Columbia Life Insurance Company, successor to St. Louis Life Insurance Company, dated January 29, 1876. (4) Columbia Life Insurance Company to Life Association of America, warranty deed, dated February 6, 1877; recorded February 19, 1877, in book 27, page 54; consideration, $1,200. (5) Decree of the circuit court of St. Louis adjudging said Life Association of America insolvent, and appointing the superintendent of insurance department receiver thereof. It was admitted that John F. Williams is such superintendent." And there were admissions made by the parties litigant that showed the paper title to the premises was in the plaintiff. On his part, the defendant, in his testimony, "admitted the execution of the deed of trust above described, but claimed that, prior to the sale thereunder, he had made a settlement with T. G. Sharp, who was then agent of the Mound City Life Insurance Company, authorized to solicit insurance for said company. That the arrangement with said Sharp was that defendant was to surrender a life policy he held in said company, in full payment and satisfaction of said deed of trust. That Sharp afterwards told him it was all right, and he might rest easy. Thought his talk with Sharp about a settlement was in 1873. That Sharp had been dead more than a year. That he never received...