G.M. McKelvey Co. v. General Casualty Co. of America
Supreme Court of Ohio
142 N.E.2d 854 (Ohio 1957)
Relevant factsFree
An employer with a fidelity insurance policy covering employee misappropriation sued its insurer (defendant) to recover for embezzlement, seeking to introduce written, signed confessions from the employees admitting they had embezzled funds; the employees were summoned but could not be located, and the court of appeals allowed the confessions into evidence, prompting the insurer's appeal.
IssueFree
Whether written, signed confessions by unavailable employees admitting to embezzling their employer's funds are admissible under the declarations-against-interest exception to the hearsay rule.