Brown v. King & Fisher
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. 1. An account for goods sold is an entire demand incapable of being split up into several suits: and if suit is brought for part, it bars another for the residue : Nemo vexari debet bis pro eadem causa. Guernsey vs. Carver, 8 Wend. 492. Miller vs. Covert, ■ 1. Wend. 487. Smith vs. Jones, 15 Johns. Eep. 229. Farrington et. al. vs. Payne, 15 Johns. Eep. 432. Willard vs. Sperry, 16. Johns. Eep. 121. Phillips vs. Berich, 16 Johns.
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APPEAL from St. Louis Circuit Court. 1. An account for goods sold is an entire demand incapable of being split up into several suits: and if suit is brought for part, it bars another for the residue : Nemo vexari debet bis pro eadem causa. Guernsey vs. Carver, 8 Wend. 492. Miller vs. Covert, ■ 1. Wend. 487. Smith vs. Jones, 15 Johns. Eep. 229. Farrington et. al. vs. Payne, 15 Johns. Eep. 432. Willard vs. Sperry, 16. Johns. Eep. 121. Phillips vs. Berich, 16 Johns. Eep. 136. Brockway vs. Kinney, 2 Johns. Eep. 210. Platner vs. Best, 11 Johns. Eep. 530. Ingraham vs. Hall, 11 Serg. & Eawle 78.…
1Opinion of the CourtNapton, J.
The present action was brought before a Justice of the Peace in October, 1844, and the following account was filed as the cause of action: —
M. W. Brown Dr.
To King 8? Fisher,
Aug. 24, 1843, 1555 lbs. spoiled Bacon, l-2c...............$7 77
1056 lbs. do do l-2c............... 5 28
$13 05
The plaintiffs, King & Fisher, obtained a judgment before the Justice, and an appeal being taken, the case was tried in the Circuit Court and a judgment was also there had for them, from which the defendant Brown, has appealed to this Court. On the trial in the Circuit Court the account was proved by the clerk of…
2Cited by6 opinions
- State ex rel. Ingram v. MortonSupreme Court of Missouri · 1853
- Alkire Grocer Co. v. TagartMissouri Court of Appeals · 1895
- Edmonston v. JonesMissouri Court of Appeals · 1902
- Sparks v. BrownMissouri Court of Appeals · 1891
- Leimer v. Pacific RailroadSupreme Court of Missouri · 1857
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