Knapp v. St. Louis Trust Co.
Supreme Court of Missouri
98 S.W. 70 (1906)
Anna Knapp (plaintiff) sued St. Louis Trust Company (defendant) to contest Margaret Gaffey's will, arguing Gaffey lacked sound mind and was under undue influence when she signed it. Before Gaffey's death, Dr. McWilliams treated her and recorded in his account book both the dates and payments for his visits and the illnesses -- hyperaemia, brain softening, and paralysis -- he treated her for. McWilliams died before trial. The trial judge admitted the account book only as proof that McWilliams was paid for visits on certain dates, not as evidence of what he treated Gaffey for. The case ended in judgment for the bank, and Knapp appealed, arguing the account book should also have been admitted to show the nature of Gaffey's illness.
Whether statements against interest are admissible not only as evidence of the facts they directly assert, but also of incidental facts fairly embraced within the scope of those statements.