Nipper v. Jones
Missouri Court of Appeals
Appeal from Lafayette Circuit Court, Hon. John P. Strother, Judge. The case is stated in the opinion. I. The court erred in permitting plaintiff to introduce in evidence his ledger, or to testify therefrom. The entries were made therein long after the alleged transaction.
Read the full summary
Appeal from Lafayette Circuit Court, Hon. John P. Strother, Judge. The case is stated in the opinion. I. The court erred in permitting plaintiff to introduce in evidence his ledger, or to testify therefrom. The entries were made therein long after the alleged transaction. The original entry-book, containing entries made at the time of the alleged transaction, was in the possession and under the control of plaintiff, and he refused to obey a subpoena duces to produce the same. Briggs v. Henderson, 49 Mo. 531. Under no circumstances was this book admissible in evidence, nor was it proper to…
1Opinion of the CourtPhilips, P. J.
Plaintiff and one Lowery were partners in merchandise at Higgins ville, Missouri. *540Lowery retired from the firm, and assigned his interest in the accounts of the concern to plaintiff. Among the accounts was one against the defendant for the sum of $61.20, to recover which this action is brought by Nipper.
The defendant in his answer pleaded as a setoff an account against Nipper, individually, amounting to the sum of $12.50. He, also, by way of setoff, pleaded an account in his favor against Lowery, individually, -for the sum of fifty-nine dollars. ' On the trial the plaintiff was introduced as…
2Cases cited4 opinions
- Anderson v. VolmerSupreme Court of Missouri · 1884
- Hissrick v. McPhersonSupreme Court of Missouri · 1855
- Hensgen v. MullallyMissouri Court of Appeals · 1886
- Cozens v. BarrettSupreme Court of Missouri · 1856
3Cited by2 opinions
- Robertson v. ReedMissouri Court of Appeals · 1889
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1889