Mulford v. Cæsar
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Cowrt. — Hon, Leroy B. Valliant, Judge. (1) The court erred in refusing instruction number 1 offered by defendant, and holding under the law and facts that an account stated had been proved.
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Appeal from the St. Louis City Circuit Cowrt. — Hon, Leroy B. Valliant, Judge. (1) The court erred in refusing instruction number 1 offered by defendant, and holding under the law and facts that an account stated had been proved. Railroad v. Kimmel, 58 Mo. 83; Brown v. Kimmel, 67 Mo. 430; 1 American and English Encyclopedia of Law, p. 114; Quincy v. White, 63 N. T. 370; Wiggins v. Burkham, 10 "Wall. 129; 1 Story’s Equity Jurisprudence [13 Ed.] sec. 526; Waymand v. Hilliard, 7 Bing. 101; Mellon v. Campbell, 11 Pa. St. 415. (2) The court erred in refusing to permit plaintiff to prove the nature…
1Opinion of the CourtRombauer, P. J.
— This is a suit upon an account’ stated to recover a balance of $1,387.39, claimed to be due thereon from the defendant to the plaintiff. The answer consists of a general denial, and two special defenses, namely: First, that the balance sued for was the result of wagering contracts, covering a period between May 6, 1889, and September 15, 1890, and next, that all the purchases and sales or pretended purchases and sales of stocks, grains and other commodities, making up the account against the defendant, were made without any intention of receiving and paying for the property so bought, or of…
2Cases cited13 opinions
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Krider v. MilnerSupreme Court of Missouri · 1889
- Brown v. KimmelSupreme Court of Missouri · 1878
- Kent v. MiltenbergerMissouri Court of Appeals · 1883
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3Cited by7 opinions
- Chisler v. StaatsMissouri Court of Appeals · 1973
- Schreiner, Flack & Co. v. OrrMissouri Court of Appeals · 1893
- Vogel v. KennedyMissouri Court of Appeals · 1907
- Stewart v. HutchinsonMissouri Court of Appeals · 1906
- Salt Lake Engineering Works v. Utah Concrete Pipe Co.Utah Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.