Babbitt v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Robert M. Foster} Judge. (1) Where it appears in an action upon an account that defendant has at all times offered to pay the amount claimed less certain set-offs, interest should be allowed plaintiff on the balance found to be due from the date demand of payment is made. R. S. 1899, sec. 3705, 4493; 22 Cyc. 1514, 34 Cyc. 758; Healy v. Fallon, 69 Conn. 235; Railroad v. Iron Works, 117 M'o.
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Appeal from St. Louis City Circuit Court. — Eon. Robert M. Foster} Judge. (1) Where it appears in an action upon an account that defendant has at all times offered to pay the amount claimed less certain set-offs, interest should be allowed plaintiff on the balance found to be due from the date demand of payment is made. R. S. 1899, sec. 3705, 4493; 22 Cyc. 1514, 34 Cyc. 758; Healy v. Fallon, 69 Conn. 235; Railroad v. Iron Works, 117 M'o. App. 167; Attrill v. Patterson, 58 Md. 245. (2) In order that a’ third person may be substituted in the place of a debtor under a contract, the creditor and…
1Opinion of the CourtNixon, P. J.
This is an appeal from the action of the circuit court in overruling appellant’s motion to set aside the finding and judgment and grant a new trial in a suit on an account filed by appellant on January 18,1908, and tried before the court sitting without a jury on the pleadings and an agreed statement of facts, portions of w'hich, material to the present discussion, will be hereinafter set out.
The petition contains an allegation to the effect that the respondent is indebted to the appellant upon an account for coal sold and delivered to the respondent by the Randolph-Macon Coal Company at…
2Cases cited7 opinions
- Griggs v. . DayNew York Court of Appeals · 1892
- Brackenridge v. StateCourt of Appeals of Texas · 1889
- Cutting v. WhittemoreSupreme Court of New Hampshire · 1903
- Spaunhorst v. LinkSupreme Court of Missouri · 1870
- Hageman v. Southern Electric RailroadSupreme Court of Missouri · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Johnson v. Mercantile Trust Company National Ass'nSupreme Court of Missouri · 1974
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- State v. ChambersWyoming Supreme Court · 1952
- Leckie v. BennettMissouri Court of Appeals · 1911
- Baker v. J. W. McMurry Contracting Co.Supreme Court of Missouri · 1920
4 more not listed; retrieve them via the Exa API.