Wonderly v. Christian
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, Judge. STATEMENT OE THE CASE. This suit was brought to the October term, 1900, of the St. Louis City Circuit Court against John E. Christian, who, on June 18, 1901, died. Afterwards the cause was revived against his executrix, Eliza P. Christian.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, Judge. STATEMENT OE THE CASE. This suit was brought to the October term, 1900, of the St. Louis City Circuit Court against John E. Christian, who, on June 18, 1901, died. Afterwards the cause was revived against his executrix, Eliza P. Christian. The petition, omitting caption, is as follows: “That on June 15, 1895, in the case of the Mississippi Valley Trust Company, administrator of A. K. Florida, plaintiff, v. John E. Christian and Charles P. Wonderly, defendants, in the circuit court of the city of St. Lous, said John E.…
1Opinion of the CourtBland, P. J.
— The trial court did not err in overruling the defendant’s motion to strike out the whole of the reply. The reply did not admit that there had been an account stated and agreed on by respondent and Christian, and seek to avoid its effect by charging errors or omissions. On the contrary, it alleges that no such agreement had been made. This was a specific denial of the facts alleged in the answer as a bar to respondent’s cause of action. Following this denial there was a statement in the reply admitting that Christian had presented to respondent the settlement sheet read in evidence, and then…
2Cases cited3 opinions
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Mortland v. HoltonSupreme Court of Missouri · 1869
- State v. GrimsleySupreme Court of Missouri · 1853
3Cited by4 opinions
- McKenzie v. HallMissouri Court of Appeals · 1922
- Broderick v. HartmanMissouri Court of Appeals · 1910
- Dempsey v. McGinnisMissouri Court of Appeals · 1920
- Fisse v. BlankeMissouri Court of Appeals · 1907