Legal Opinion

Anderson v. Caldwell

Supreme Court of Missouri

Decided April 9, 1912PublishedCited by 8 opinions

Appeal from St. Louis City Circuit Court.— Hon. W~ M. Kinsey, Judge. (1) The evidence admitted as to the value of the services of the staff work was incompetent. Books of account are admissible only' when they contain' original entries made in the due course of business at or near the time the transaction took place. Aggregates entered at a considerably later time than at which the transaction took place are inadmissible.

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Appeal from St. Louis City Circuit Court.— Hon. W~ M. Kinsey, Judge. (1) The evidence admitted as to the value of the services of the staff work was incompetent. Books of account are admissible only' when they contain' original entries made in the due course of business at or near the time the transaction took place. Aggregates entered at a considerably later time than at which the transaction took place are inadmissible. Milling Co. v. Walsh, 108 Mo. 277; Drug Co. v. Grady, 57 Mo. App. 41; Owen v. Bray, 80 Mo. App. 526; Stephen v. Metzger, 95 Mo. App. 620; Robinson v. Smith, 111 Mo. 205; R.…

1Opinion of the CourtKennish, J.

This action was brought in the circuit court of the city of St. Louis, to recover the value of materials furnished and labor done by the plaintiffs at the instance and request of the defendants and used in the construction of certain buildings on the World’s Pair Grounds in said city, in the year 1904. Plaintiffs were partners, engaged in the business of furnishing the materials and doing the labor in certain kinds of construction work on the buildings then in course of erection at the said fair grounds. The defendant Irish Exhibit Company was a corporation and owned and conducted the Irish…

2Cases cited7 opinions

  1. Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
  2. Lowe v. SinklearSupreme Court of Missouri · 1858
  3. State ex rel. Wayne County v. WoodsSupreme Court of Missouri · 1911
  4. Smith v. HaleyMissouri Court of Appeals · 1890
  5. Hay v. WalkerSupreme Court of Missouri · 1877

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Bailey v. Interstate Airmotive, Inc.Supreme Court of Missouri · 1949
  2. Patrick v. Koepke Construction, Inc. v. Woodsage Construction Co.Missouri Court of Appeals · 1992
  3. Vosevich v. Doro, Ltd.Missouri Court of Appeals · 1976
  4. State Ex Rel. Missouri Broadcasting Co. v. O'MalleySupreme Court of Missouri · 1939
  5. Municipal Waterworks Co. v. City of Ft. SmithDistrict Court, W.D. Arkansas · 1914

3 more not listed; retrieve them via the Exa API.

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