Stephan v. Metzger
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Warwick Hough, Judge. (1) The court erred in permitting the so-called “account” to he used in evidence and further erred in permitting witness to use the so-called “account” for the purpose of refreshing her memory.
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Appeal from St. Louis City Circuit Court. — No». Warwick Hough, Judge. (1) The court erred in permitting the so-called “account” to he used in evidence and further erred in permitting witness to use the so-called “account” for the purpose of refreshing her memory. Milling Co. v. Walsh, 108 Mo. 281. (2) The original “account, ’ ’ if any, so kept, could not have been offered in ■evidence because it clearly appears from the account itself and the evidence, that in part, at least, the entries were not made at or near the time of the purported transaction. Milling Co. v. Walsh, supra; Martin v.…
1Opinion of the CourtBarclay, J.
This action was begun before a justice of the peace in the city of St. Louis, upon the following statement (omitting caption and signature) r
“Plaintiff states that defendant is indebted to her for cash borrowed from plaintiff at various times as. shown by the following account, to-wit:
“St. Louis, Mo., February 25, 1899..
Xavier Metzger, to Ottillia Stephan: Dr.
March 14, 1881, to cash borrowed..........$500 Od
July, 1884 to July 3, 1885, to cash borrowed. 361 50
Total..................................$861 50
July, 1884, credit by cash .......... 350 00-
Balance .............................. 511 50
T…
2Cases cited30 opinions
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Stump v. HornbackSupreme Court of Missouri · 1891
- Smith v. . RentzNew York Court of Appeals · 1892
- Insurance Company v. WeideSupreme Court of the United States · 1870
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3Cited by11 opinions
- Hancock v. CrouchMissouri Court of Appeals · 1954
- Sonnenfeld v. RosenthalSupreme Court of Missouri · 1912
- Padgett v. BreznerMissouri Court of Appeals · 1962
- State v. PowellMissouri Court of Appeals · 1983
- L. S. v. L. M. S.Missouri Court of Appeals · 1976
6 more not listed; retrieve them via the Exa API.