Gregory v. Jones
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — How. Elliott M. Hughes, Judge. (1) Under the present practice in this State an account hook of original entries, fair on its face, and shown to have been kept in the usual course of business, by the party himself or his clerk, is admissible even in the party’s own favor.
Read the full summary
Appeal from Audrain Circuit Court. — How. Elliott M. Hughes, Judge. (1) Under the present practice in this State an account hook of original entries, fair on its face, and shown to have been kept in the usual course of business, by the party himself or his clerk, is admissible even in the party’s own favor. Anchor Milling Co. v. Walsh, 108 Mo. 277; Robinson v. Smith, 111 Mo. 205; Seligman v. Rogers, 113 Mo. 642. (2) It is a general rule running through all the decisions, and finding immediate support in the cases herein both at common law and under the statutes, that, to justify the reception…
1Opinion of the CourtBland, P. J.
Omitting caption the petition is as follows:
“Plaintiff states that defendants, by their promissory note herewith filed, dated 21st day of Dec. 1878, promised to pay to John B. Gregory, plaintiff, or order, $1,200, four months after date, for value received, with interest thereon at the rate of ten per cent per annum from date until paid, and if interest is not paid annually to become as principal, and bear same rate of interest ; that defendants have made the following payments on said note:
‘ ‘ July 20,1880, paid $500.
“November 33,1880, paid $88.72.
“December 31,1881, paid $250.
“March 28,…
2Cases cited6 opinions
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Smith v. . RentzNew York Court of Appeals · 1892
- Seligman v. RogersSupreme Court of Missouri · 1893
- Robinson v. SmithSupreme Court of Missouri · 1892
- Jewett v. WinshipSupreme Court of Vermont · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hancock v. CrouchMissouri Court of Appeals · 1954
- Nall v. BrennanSupreme Court of Missouri · 1930
- Townsend v. SchadenSupreme Court of Missouri · 1918
- Bradley v. BuffingtonMissouri Court of Appeals · 1976
- Lederer v. MorrowMissouri Court of Appeals · 1908