Kent v. Highleyman
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. Where there has been an account examined and accepted by both parties the account becomes an account stated. This may be implied from circumstances.
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Appeal from the St. Louis Circuit Court, Thayer, J. Where there has been an account examined and accepted by both parties the account becomes an account stated. This may be implied from circumstances. Keeping it any length of time without objection' binds the debtor. — Brown v. Kimmel, 67 Mo. 431; Lockwood v. Thorne, 11 N. Y. 173. An account rendered and not objected to in a reasonable time is to be regarded by the party charged to be prima facie correct, and if certain items are objected to and others are not, the latter are covered by such admissions.— Wiggins v. Burkham, 10 Wall. 129;…
1Opinion of the CourtThompson, J.
In this action the plaintiffs seek to recover a balance alleged to be due upon an account stated. • There was evidence tending to prove that, on or about October 30, 1882, the plaintiffs had rendered to the defendent a copy of the account sued on, and that the defendant had made no objection thereto until the bringing of this suit in *10June, 1883. As appropriate to this evidence the plaintiffs requested the following instruction: “The court instructs the jury that if they find that plaintiffs, on or about October 30, 1882, rendered to defendant a copy of the account sued on, and that defendant…
2Cases cited4 opinions
- Powell v. Pacific RailroadSupreme Court of Missouri · 1877
- Brown v. KimmelSupreme Court of Missouri · 1878
- Cape Girardeau & State Line Railroad v. KimmelSupreme Court of Missouri · 1874
- Ward v. FarrellyMissouri Court of Appeals · 1880
3Cited by8 opinions
- Mulford v. CæsarMissouri Court of Appeals · 1893
- Estes v. Hamilton-Brown Shoe Co.Missouri Court of Appeals · 1893
- McCormack v. SawyerSupreme Court of Missouri · 1890
- Hill v. JohnsonMissouri Court of Appeals · 1889
- McGuire v. De FreseMissouri Court of Appeals · 1899
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