Gubernator v. Rettalack
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Pembroolc R. Flitcraft, Judge. (1) Account books are admitted, in evidence for the person by whom they are kept, when the entries are made at the time, or nearly so, of doing the principal fact, because entries made under such circumstances constitute a part of the res gestae. An entry thus made is more than a mere declaration of the party. It is a verbal act following the principal fact in the orderly conduct of business.
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Appeal from the St. Louis City Circuit Court. — Hon. Pembroolc R. Flitcraft, Judge. (1) Account books are admitted, in evidence for the person by whom they are kept, when the entries are made at the time, or nearly so, of doing the principal fact, because entries made under such circumstances constitute a part of the res gestae. An entry thus made is more than a mere declaration of the party. It is a verbal act following the principal fact in the orderly conduct of business. Anchor Milling Co. v. Walsh, 108 Mo. 277; Borgess Investment Co. v. Yette, 142 Mo. 560; Robinson v. Smith, 111 Mo. 207;…
1Opinion of the CourtBond, J.
Plaintiff sued defendant for $1,300, which she alleged she had loaned to him. The defense was that the money in question ,was received in discount of a draft made by plaintiff’s employer, a trading corporation, to pay its indebtedness to defendant. There was a verdict and judgment for plaintiff, from which defendant appealed.
The errors assigned relate to the exclusion and admission of evidence. In support of his theory of defense defendant offered in evidence an entry in the books of a firm of which he was a member relating to the transaction in ques-*187turn to the admission of which plaintiff…
2Cases cited11 opinions
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Walser v. WearSupreme Court of Missouri · 1897
- People's Bank v. ScalzoSupreme Court of Missouri · 1895
- Watkins v. DonnellySupreme Court of Missouri · 1885
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3Cited by3 opinions
- Howe v. Patrons' Mutual Fire Ins.Michigan Supreme Court · 1921
- Gardner v. Springfield Gas & Electric Co.Missouri Court of Appeals · 1911
- Strode v. BeallMissouri Court of Appeals · 1904