Stewart v. St. Louis & Suburban Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. George E. Williams} Judge. (1) Where the verdict and judgment were for the right party and no prejudicial error was committed, it is the duty of the appellate court to reverse the order of the trial court granting a new trial. 'Orawford v. Stock Yards, 215 Mo. 394; Simonton v. Transit Co., 207 Mo. 718; Deschner v. Railroad, 200 Mo. 310; Schmidt v. Railroad, 163 Mo. 645; Richardson v. Drug Co., 92 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. George E. Williams} Judge. (1) Where the verdict and judgment were for the right party and no prejudicial error was committed, it is the duty of the appellate court to reverse the order of the trial court granting a new trial. 'Orawford v. Stock Yards, 215 Mo. 394; Simonton v. Transit Co., 207 Mo. 718; Deschner v. Railroad, 200 Mo. 310; Schmidt v. Railroad, 163 Mo. 645; Richardson v. Drug Co., 92 Mo. App. 516; Campbell v. Railroad, 86 Mo. App. 67; Lumber Co. v. Christophel, 59 Mo. App. 80. (2) Where, parties meet and go over their accounts and…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — In 1 Am. and Eng. Ency. (2 Ed.), p. 437, an account stated is defined as “an agreement, between parties who have had previous transactions of a monetary character, that all the items of the accounts representing such transactions are true and that the balance struck is correct, together with a promise, express or implied, for the payment of such balance. The importance of an account stated is due to the fact that it operates as an admission of liability from the person against whom the balance appears, or, in the language of the common law, The law implies that he…
2Cases cited8 opinions
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Stenton v. . JeromeNew York Court of Appeals · 1873
- Mandeville and Jamesson v. WilsonSupreme Court of the United States · 1809
- Powell v. Pacific RailroadSupreme Court of Missouri · 1877
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
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3Cited by5 opinions
- Foster v. DwireNorth Dakota Supreme Court · 1924
- Chisler v. StaatsMissouri Court of Appeals · 1973
- Quint v. Loth-Hoffman Clothing Co.Missouri Court of Appeals · 1921
- F. G. Barton Cotton Co. v. VardeleMissouri Court of Appeals · 1925
- Borkowski v. JanickeMissouri Court of Appeals · 1913