G.M. MCKELVEY CO. V. GENERAL CASUALTY CO OF AMERICA
166 Ohio St. 401, 2 O.O.2d 345, 142 N.E.2d 854 (1957)
NATURE OF THE CASE: General (D) insurer sought review of a decision, which determined
that the trial court erred by not admitting for all purposes the confessions of unavailable
employees as declarations against interest.
FACTS: G.M. McKelvey Co. (P) had an insurance policy with General Casualty Co. (D) which
insured against losses to employers on account of defalcations of their employees. The
evidence at issue was several written confessions signed by P's employees. The confessions
admitted misappropriations of P's funds and were introduced to prove the fact and amount of
P's loss. D objected to the evidence as hearsay.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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