Vogel v. Kennedy
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Now. Jesse A. McDonald, Judge. In the case of Mulford v. Caesar, 53 Mo. App. 263, it is held that the mere fact that one item in an account is disputed, does not prevent the account from becoming an account stated as to all items admitted to be correct.
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Appeal from St. Louis City Circuit Court.—Now. Jesse A. McDonald, Judge. In the case of Mulford v. Caesar, 53 Mo. App. 263, it is held that the mere fact that one item in an account is disputed, does not prevent the account from becoming an account stated as to all items admitted to be correct. Good authority in support of this rule too, is mentioned in the opinion just referred to, but in addition there may be cited these cases: Joseph v. Southwark F. and M. Co., 99 Ala., 47; Burns v. Campbell, 71 Ala. 286; Tuggle v. Minor, 76 Cal. 96; Chrisman v. Count, 2 M'. & G. 307; Sergeant v. Ewing, 36…
1Opinion of the CourtGoode, J.
This action was instituted on an account stated, the petition having been filed and summons issued September 13,1904. It appears that as originally begun the action was on an ordinary open account, which was filed with the petition, to recover $3,790.60. The petition having been held bad for uniting several causes of action in one count, an amended petition was filed, declaring on an account stated for the sum mentioned, and alleging the statement of the account occurred December 15,1903, and was had between plaintiff and defendants, William and Julia Kennedy, husband and wife; that it was…
2Cases cited11 opinions
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Tuggle v. MinorCalifornia Supreme Court · 1888
- Chadwick v. ChadwickSupreme Court of Missouri · 1893
- Young v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1889
- Joseph, Gaboury & Co. v. Southwark Foundry & Machine Co.Supreme Court of Alabama · 1891
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3Cited by3 opinions
- Modine Manufacturing Company v. CarlockSupreme Court of Missouri · 1974
- State ex rel. Commonwealth Trust Co. v. ReynoldsSupreme Court of Missouri · 1919
- Gammon v. McDowellMissouri Court of Appeals · 1921