Dempsey v. McGinnis
Missouri Court of Appeals
Appeal from the Circuit Court of Pike County. — Hon. Edgar B. Woolf oik, Judge. (1) (a) An account stated is an agreement and acknowledgment that a certain sum of money or balance is due one of the parties and an express or implied promise to pay it, and is conclusive and can only be challenged for fraud or mistake. Marmon v. Waller, 53 Mo. App. 610, 614'; Decker v. School District No. 2101, Mo. App. 115, 118; Grocery Co. v. Hotel Co., 183 Mo.
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Appeal from the Circuit Court of Pike County. — Hon. Edgar B. Woolf oik, Judge. (1) (a) An account stated is an agreement and acknowledgment that a certain sum of money or balance is due one of the parties and an express or implied promise to pay it, and is conclusive and can only be challenged for fraud or mistake. Marmon v. Waller, 53 Mo. App. 610, 614'; Decker v. School District No. 2101, Mo. App. 115, 118; Grocery Co. v. Hotel Co., 183 Mo. App. 429, 435-6. (b) An account stated is conclusive between the parties, unless some fraud, mistake or omission is shqwn. Marmon v. Waller, 53 Mo.…
1Opinion of the Court
This suit was instituted in the circuit court of Pike County, Missouri, by Sallie C. Dempsey, widow and assignee of I.C. Dempsey, against Tom B. McGinnis, former law partner of the deceased Dempsey, upon a settlement of the partnership affairs in the form of an account stated.
The account stated was in the following form: —
"The undersigned, I.C. Dempsey and Tom B. McGinnis have this day settled and adjusted all matters of difference between them, including moneys collected on firm account since said firm was dissolved, to-wit:
Said I.C. Dempsey charges himself with moneys received as follows: —
(…
2Cases cited9 opinions
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
- Pickel v. St. Louis Chamber of Commerce Ass'nMissouri Court of Appeals · 1881
- McKeen v. Boatmen's BankMissouri Court of Appeals · 1898
- Barr v. LakeMissouri Court of Appeals · 1910
- Elmore-Schultz Grain Co. v. StonebrakerMissouri Court of Appeals · 1919
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Perbal v. Dazor Manufacturing Corp.Supreme Court of Missouri · 1968