Legal Opinion

Anchor Milling Co. v. Walsh

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 48 opinions

Certified from St. Louis Court of Appeals. (1) The shipping book offered in evidence was one of the books used by Timmons in making the statement of Walsh’s earnings during the week, and to the correctness of which Walsh assented by receiving and accepting the statements so made. The entries in the book were, therefore, original evidence as part of the res gestee.

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Certified from St. Louis Court of Appeals. (1) The shipping book offered in evidence was one of the books used by Timmons in making the statement of Walsh’s earnings during the week, and to the correctness of which Walsh assented by receiving and accepting the statements so made. The entries in the book were, therefore, original evidence as part of the res gestee. It was shown to have been correctly kept, and the entries in it were made in the ordinary course of business. 1 Greenl. Ev. [ 14 Ed.] sec. 115, and cases cited; Banlc v. Culver, 2 Ilill, 531; Shepard v. Banlc, 15 Mo. 141; Smith v.…

1Opinion of the CourtBlack, J.

This was an action to recover overpayments alleged to have been made by the plaintiff to the defendant. A trial was had before a jury, which resulted in a verdict and judgment for defendant. The St. Louis court of appeals, to which the cause was appealed, reversed the judgment and remanded the cause for error in the instructions. That court, however, sustained the ruling of the trial court in excluding a shipping book offered in evidence by the plaintiff. On this question one of the judges deemed the opinion contrary to Smith v. Beattie, 57 Mo. 281, and for this reason the cause was then…

2Cases cited6 opinions

  1. Mathias v. O'NeillSupreme Court of Missouri · 1887
  2. Nelson v. NelsonSupreme Court of Missouri · 1886
  3. Hissrick v. McPhersonSupreme Court of Missouri · 1855
  4. Hunter v. Kittredge's EstateSupreme Court of Vermont · 1868
  5. Johnson v. DexterSupreme Court of Vermont · 1865

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

3Cited by48 opinions

  1. Pacific Coast S. S. Co. v. Bancroft-Whitney Co.Court of Appeals for the Ninth Circuit · 1899
  2. Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
  3. Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
  4. Hancock v. CrouchMissouri Court of Appeals · 1954
  5. Walser v. WearSupreme Court of Missouri · 1897

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

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