Estes v. Hamilton-Brown Shoe Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. . Daniel D. Fisher, Judge. (1) Where it is expressly agreed or impliedly understood between the parties to an account, while it is accruing, that the account is to be kept open and continued as one and the same continuous transaction and course, of dealing, the account is considered as one continuous account and one demand. Bing v. Jami-son, 2 Mo. App. 584 (589j ; Bing v. Jamison, 66. Mo. 424 (428); Boylan v. St. Bt.
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Appeal from the St. Louis City Circuit Court. — Hon. . Daniel D. Fisher, Judge. (1) Where it is expressly agreed or impliedly understood between the parties to an account, while it is accruing, that the account is to be kept open and continued as one and the same continuous transaction and course, of dealing, the account is considered as one continuous account and one demand. Bing v. Jami-son, 2 Mo. App. 584 (589j ; Bing v. Jamison, 66. Mo. 424 (428); Boylan v. St. Bt. Victory, 40 Mo. 244; Harrison v. Hall, 8 Mo. App. 167; Loejfel v. Hoss, 11 Mo^. App. 133; Boeder v. Studt, 12 Mo. App. 566;…
1Opinion of the CourtBiggs, J.
— The plaintiff recovered a judgment against the defendant for $1,067.37. It is urged by the •defendant on this appeal that the proof failed to establish the plaintiff’s alleged cause of action. We will •dispose of this question first.
It is averred in the petition that on the first day of January, 1886, the defendant employed the plaintiff as a traveling salesman; that it was then agreed that the plaintiff should receive as compensation for his services two per cent, on all goods sold by him; that the plaintiff continued to sell goods for the defendant until April 1,1892; that the commissions…
2Cases cited10 opinions
- Powell v. Pacific RailroadSupreme Court of Missouri · 1877
- Brown v. KimmelSupreme Court of Missouri · 1878
- Gunn v. GunnSupreme Court of Georgia · 1885
- Kent v. HighleymanMissouri Court of Appeals · 1885
- Inhabitants of Belchertown v. BridgmanMassachusetts Supreme Judicial Court · 1875
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3Cited by6 opinions
- Alexander v. ScottMissouri Court of Appeals · 1910
- Luntsford v. LuntsfordDistrict Court, W.D. Missouri · 1953
- F. Berg & Co. v. StrotherMissouri Court of Appeals · 1921
- Figge v. BergenthalWisconsin Supreme Court · 1907
- Rodeman v. SmithMissouri Court of Appeals · 1922
1 more not listed; retrieve them via the Exa API.