Roman v. Boston Trading Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The original statement is sufficient, as it set out the “statements of the account sued on.” R. S. 1899, sec. 3852. Gamer on Sun v. McAnaw, 72 Mo. App. 196; Glenn v. Weary, 66 Mo. App. 75; land v. Busch, 49 Mo.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The original statement is sufficient, as it set out the “statements of the account sued on.” R. S. 1899, sec. 3852. Gamer on Sun v. McAnaw, 72 Mo. App. 196; Glenn v. Weary, 66 Mo. App. 75; land v. Busch, 49 Mo. App. 338. (2) The summons issued by the justice, the pleadings filed by the defendant, and the admissions made by it in both the justice and circuit courts, show Alexander Roman to be the assignee of this account, and the evidence shows him entitled to collect it; “if not, the inference is that he is authorized to…
1Opinion of the CourtBland, P. J.
The suit was begun by the filing of the following account before a justice of the peace:
“St. Louis, Mo., October 12, 1899.
"M. Boston Trading Co., Cr., Springfield, Mo.
“Bought of St. Louis Pants Manufacturing Co., successors to Jacobs Bros. & Hoffman, specialties in men’s, boys’ and knee pants, 717 and 719 Lucas avenue. Terms, spot cash; no discount.
“Shipped per Prisco.
4345, 2 dozen pants.....$16.50 $33.00
4415, 1 dozen pants..... $16.50
$49.50”
The defendant filed in the justice’s court the following offset:
“Alexander Roman, assignee of the St. Louis Pants Manufacturing Company, Plaintiff, v.…
2Cases cited6 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Smith v. ZimmermanMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fricke v. W. E. Fuetterer Battery & Supplies Co.Missouri Court of Appeals · 1926
- Sharp v. OdomMissouri Court of Appeals · 1906