Davis v. McClelland
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number Two. — Ron. David E. Blair, Judge. (1) Books of account to be received in evidence must be a registry of business actually done; they are inadmissible to prove the terms or contents of a special agreement. 3 Jones on Evidence, 568; 17 Cyc. 380- Daum v. Neumeister, 2 Mo.
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Appeal from Jasper County Circuit Court, Division Number Two. — Ron. David E. Blair, Judge. (1) Books of account to be received in evidence must be a registry of business actually done; they are inadmissible to prove the terms or contents of a special agreement. 3 Jones on Evidence, 568; 17 Cyc. 380- Daum v. Neumeister, 2 Mo. App. 597; Batcheller v. Whittier, 107 Pac. 141. (2) Another objection to the admission of this book entry is, that it was not an entry or book account of any work or labor performed, or of goods sold and delivered, but purported to be a contract for work and services…
1Opinion of the CourtFarrington, J.
Action by a partnership of lawyers begun in a justice’s court by filing a statement *132of account. O’ne of the partners died before trial, and the survivor was appointed administrator of the partnership estate. A jury found for defendants. After plaintiff’s appeal to the circuit court there was a mistrial, the jury failing to agree, but at a subsequent trial nine jurors signed a verdict for $150', the total amount claimed. Defendants have now appealed.
The only errors assigned for reversal go to the action of the court in admitting and rejecting evidence.
Plaintiff Davis testified that the firm of…
2Cases cited13 opinions
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Hissrick v. McPhersonSupreme Court of Missouri · 1855
- Batcheller v. WhittierCalifornia Court of Appeal · 1909
- Hazer v. StreichWisconsin Supreme Court · 1896
- Bass v. GobertSupreme Court of Georgia · 1901
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