Ingalls v. Averitt
Missouri Court of Appeals
Anpealfrom the Gentry Circuit Court. — Hon. C. S. H. Goodman, Judge. Statement of the case by the court. The respondent began this suit before one George E. Butler, justice of the peace, by filing, with said justice of the peace, what purports to be an account in words and figures as follows: « May 26, 1887. “A. D. Averitt, Dr. to “ G. H. Ingalls, for one cow, weight 1063 lbs. at $2.60 per cwt........ $27.63 May 21, by 11 lbs. beef..................65 “Balance…
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Anpealfrom the Gentry Circuit Court. — Hon. C. S. H. Goodman, Judge. Statement of the case by the court. The respondent began this suit before one George E. Butler, justice of the peace, by filing, with said justice of the peace, what purports to be an account in words and figures as follows: « May 26, 1887. “A. D. Averitt, Dr. to “ G. H. Ingalls, for one cow, weight 1063 lbs. at $2.60 per cwt........ $27.63 May 21, by 11 lbs. beef..................65 “Balance due......................... 26.98 “C. H. Ingalls.” Appellant appeared before said justice by his attorney, and verbally denied owing…
1Opinion of the CourtGill, J.
I. The objection to the sufficiency of the statement is not well taken. The suit is for account of goods sold and delivered and the statement is ample to advise the defendant of the matter with which he is charged. R. S. 1879, secs. 2851, 2852; Coughlin v. Lyons, 24 Mo. 533, and other cases decided by the supreme court of Missouri, cited in plaintiff’s brief.
The case reported in 28 Mo. App., p. 521, relied on by defendant’s counsel, it seems was so decided on authority of Hill v. Ore & Steel Co., 90 Mo. 104. But the latter case will not justify this court in holding the statement filed in…
2Cases cited2 opinions
- Coughlin v. LyonsSupreme Court of Missouri · 1857
- Robinson v. WaltonSupreme Court of Missouri · 1874
3Cited by3 opinions
- Newman v. WeinsteinMissouri Court of Appeals · 1934
- Dawson v. WomblesMissouri Court of Appeals · 1905
- Miltenberger v. HulettMissouri Court of Appeals · 1915