Weiermueller v. Scullin
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. According to the evidence on both sides, the account sued upon represents money received by defendant from Samuel Weiermueller in 1889, and which he promised to repay to Weiermueller. Before payment Weiermueller assigned the debt to his wife and died. Thereafter, defendant made payments on the assigned debt to her, and refused to pay more. This suit is against the said debtor for what she claims to be still due on said debt.
Read the full summary
Transferred from St. Louis Court of Appeals. According to the evidence on both sides, the account sued upon represents money received by defendant from Samuel Weiermueller in 1889, and which he promised to repay to Weiermueller. Before payment Weiermueller assigned the debt to his wife and died. Thereafter, defendant made payments on the assigned debt to her, and refused to pay more. This suit is against the said debtor for what she claims to be still due on said debt. Under such circumstances, Weiermueller being dead, it was error to permit defendant to testify to the amount of the…
1Opinion of the Court
In Division One.
WOODSON, J.
This suit originated in the circuit court of the city of St. Louis, and is based upon an assigned account for the sum of $250, with divers credits thereon aggregating the sum of $162.75, and the balance alleged to be due with the interest to the date *468of filing the suit amounted to the sum of $246.06.
The answer was a general denial.
The trial was before a jury.
The evidence for the appellant tended to show that she was the widow of Samuel Weiermueller, deceased, and that he assigned the account sued on to her on the 10th day of November, 1892, and died in the following…
2Cases cited10 opinions
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Curd v. BrownSupreme Court of Missouri · 1899
- Wade v. HardySupreme Court of Missouri · 1882
- Bates v. ForchtSupreme Court of Missouri · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Freeman v. BerberichSupreme Court of Missouri · 1933
- Elsea v. SmithSupreme Court of Missouri · 1918
- Fellows v. FarmerMissouri Court of Appeals · 1964
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
28 more not listed; retrieve them via the Exa API.