Barton Lumber Co. v. Gibson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court — Hon. William M. Kinsey, Judge. (1) The statement filed before the justice of the peace was not sufficient. Secs. 7412, 7413, R. S. 1909; Rechnitzer v. Vogelsang, 117 Mo. App. 148 ; Broughton v. Railway, 25' Mo.
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Appeal from St. Louis City Circuit Court — Hon. William M. Kinsey, Judge. (1) The statement filed before the justice of the peace was not sufficient. Secs. 7412, 7413, R. S. 1909; Rechnitzer v. Vogelsang, 117 Mo. App. 148 ; Broughton v. Railway, 25' Mo. App. 10. (2) “Where a party gives bis own note for his own debt, and it is expressly stipulated between tbe bolder of tbe note and tbe payer that it is to be in satisfaction of tbe debt, it is an accord and satisfaction of tbe original canse of action. Holland v. Rongev, 168 Mo. 16; Charlotte v. Lumm, 9 Mo. 63. (1) No exception was saved by…
1Opinion of the CourtAllen, J.
This is an action to recover $496'.72, being the sale price of certain lumber sold and delivered by plaintiff to defendant. The suit was begun before a justice of the peace. Plaintiff had judgment, and the defendant appealed to the circuit court, where the cause was tried before the court alone, a jury having been waived, resulting again in a judgment for plaintiff, from which defendant prosecutes: this appeal.
1. A statement was filed with the justice of the peace, setting up briefly plaintiff’s cause of action, and *703referring to an itemized statement stated to be thereto annexed and marked…
2Cases cited8 opinions
- State ex rel. Armour Packing Co. v. DickmannMissouri Court of Appeals · 1910
- Jennings v. JenningsSupreme Court of Iowa · 1881
- John V. Farwell Co. v. LykinsSupreme Court of Kansas · 1898
- McCormack Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1910
- Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912
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3Cited by9 opinions
- Big Four Implement Co. v. ChesneyMissouri Court of Appeals · 1920
- Citizens Bank v. ThompsonMissouri Court of Appeals · 1939
- Skinner & Kennedy Stationery Co. v. Lammert Furniture Co.Missouri Court of Appeals · 1914
- Precision Metal Workers v. Northside Mercantile Co.Missouri Court of Appeals · 1926
- First National Bank of Kansas City v. GoodrichMissouri Court of Appeals · 1946
4 more not listed; retrieve them via the Exa API.