Dameron v. Harris
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. . (1) The referee erred in holding that decedent and .plaintiff agreed on a stated account, and in holding that the account was closed at intervals during decedent’s twenty years’ management on the farm, and in holding that all items of account in plaintiff’s claim which accrued-more than five years before same was filed in the probate court were barred, and the circuit court likewise erred in adopting these…
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Appeal from Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. . (1) The referee erred in holding that decedent and .plaintiff agreed on a stated account, and in holding that the account was closed at intervals during decedent’s twenty years’ management on the farm, and in holding that all items of account in plaintiff’s claim which accrued-more than five years before same was filed in the probate court were barred, and the circuit court likewise erred in adopting these views and findings of the referee. (2) The referee erred in not considering the items of the account even on Ms own…
1Opinion of the CourtGoode, J.
Prior to 1893, plaintiffs husband, James Dameron, died, leaving a last will, by which he devised to plaintiff, for her life, a farm of 640 acres, of which 200 acres lie in Lincoln County and 440 acres in Pike County. The farm is two miles south of P'aynesville, in Pike County, where James H. Patton, known in the vicinity as Colonel Patton, resided. He was an experienced aud prosperous farmer and had managed his own affairs well; so on October 1, 1893, plaintiff employed him to take charge of her faun for an indefinite period, as she intended to go to Bowling Green, in Pike County, for the…
2Cases cited15 opinions
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Ruffner, Donnally & Co. v. Hewitt, Kercheval & Co.West Virginia Supreme Court · 1874
- Powell v. Pacific RailroadSupreme Court of Missouri · 1877
- Martyn v. J. E. Amold & Co.Supreme Court of Florida · 1895
- Brown v. KimmelSupreme Court of Missouri · 1878
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3Cited by4 opinions
- State v. HarrisSupreme Court of Missouri · 1933
- Chisler v. StaatsMissouri Court of Appeals · 1973
- Honigmann v. C & L Restaurant Corp.Missouri Court of Appeals · 1998
- McKelly v. Metco Products, Inc.Supreme Court of Missouri · 1946