Cornelius v. Grant
Supreme Court of Missouri
APPEAL from Boone Circuit Court. To reverse the judgment in this cause, the appellants rely on these points : ■ — ■ 1. That, to establish a lien for the plaintiffs, the clerk’s record of such lien is the best evidence, and no secondary evidence can be given, unless the absence of the other is accounted for. 2. That, on an inquiry of general assumpsit, counts for work done, evidence of a special contract by the same workmen, at the same time, and for like work, at a much less…
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APPEAL from Boone Circuit Court. To reverse the judgment in this cause, the appellants rely on these points : ■ — ■ 1. That, to establish a lien for the plaintiffs, the clerk’s record of such lien is the best evidence, and no secondary evidence can be given, unless the absence of the other is accounted for. 2. That, on an inquiry of general assumpsit, counts for work done, evidence of a special contract by the same workmen, at the same time, and for like work, at a much less price, is competent evidence. 3. There was evidence conducing to show a special agreement between one of the…
1Opinion of the CourtTompkins, Judge
On the 4th day of December, in the year 1841, John Grant and Samuel Abbott *61filed, in the office of the clerk of the Circuit Court of Boone county, an account against William Cornelius, for work done on a house, and materials furnished for said Cornelius. The account, consisting of several particulars, amounted to $414 05. Cornelius was credited with $43 28, and at the foot of the account was this statement: “Balance, after allowing all credits and effects, $370 77.”
Then followed the affidavit, that the above is a true and just account against William Cornelius, and that the said account has…
2Cited by3 opinions
- Dickey v. PorterSupreme Court of Missouri · 1907
- Clark v. BrownSupreme Court of Missouri · 1857
- Ewing v. ReillySupreme Court of Missouri · 1863