Brown v. Kimmel

The point discussed by the counsel in this case is whether, in actions on stated accounts or insimul *431computassent, the rules of evidence in regard to such actions are confined to dealings between merchants. That question was decided by this court in Shepard v. Bank of Missouri, (15 Mo. 143,) and that decision was recognized in the recent decision in Powell v. P. R. R. Co., 65 Mo. 658. The rule of evidence no doubt originated in mercantile dealings and the reported cases usually relate to such dealings, but the principle seems to have been extended to all cases where the relation of debtor and…