Bambrick v. Simms
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. G-. W. Lubke, Judge. (1) The entire evidence putin by both sides at the trial did not tend to show a settlement and adjustment of the partnership and individual accounts, and a balance struck between these partners, resulting in an account stated. “Whether on a given state of facts the transaction amounts to an account stated, is a question of law and not of fact.” Lockwood v. Thorne, 11 N. Y. 170; s. o., 62 Am.
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Appeal from St. Louis City Circuit Court. — Hon. G-. W. Lubke, Judge. (1) The entire evidence putin by both sides at the trial did not tend to show a settlement and adjustment of the partnership and individual accounts, and a balance struck between these partners, resulting in an account stated. “Whether on a given state of facts the transaction amounts to an account stated, is a question of law and not of fact.” Lockwood v. Thorne, 11 N. Y. 170; s. o., 62 Am. Dec. 81 ; Toland n. Sprague, 12 Peters, 300. (2) An account stated is defined to be an agreement between persons who have had previous…
1Opinion of the CourtBlack, J.
— In February, 1878, Timothy Moraghan,, James S. Simms and Patrick Bambrick formed a copartnership under the firm-name of Moraghan,.Simms & Co., for the purpose of building six miles of railroad under contracts with the Chicago & Alton Railroad Company.
In April, 1886, Bambrick and the administrator of Moraghan commenced this suit against Simms in the St. Louis circuit court to recover one-third of the losses sustained in the venture. The petition was at first based on an open account. In October, 1886, an amended petition was filed, upon which the cause was tried, which states that Bambrick…
2Cases cited2 opinions
- Cape Girardeau & State Line Railroad v. KimmelSupreme Court of Missouri · 1874
- May, Weil & Co. v. KlossSupreme Court of Missouri · 1869
3Cited by5 opinions
- Bambrick v. SimmsSupreme Court of Missouri · 1895
- Gilliam v. LoebMissouri Court of Appeals · 1908
- F. G. Barton Cotton Co. v. VardeleMissouri Court of Appeals · 1925
- Risk v. DaleMissouri Court of Appeals · 1915
- Fisse v. BlankeMissouri Court of Appeals · 1907