Elsworth Coal Co. v. Quade
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Amos M. Thayer, Judge. The petition fails to state a cause of action. Stix «. Matthews, 75 Mo. 96 ; Clements v. Teates, 69 Mo. 625 ; Field v. Fail-road, 76 Mo. 614 ; PJleger v. Weltne, 21 Mo. App. 580 ; Saulsbury v. Alexander, 50 Mo. 142 ; Staley v. Wallace, 21 Mo. App. 128; Stale v. Foberts, 62 Mo. 388. Books of accounts are not evidence. Hissriclc v. McPherson, 20 Mo. 310; Anderson -a.
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Appeal from the St. Louis Circuit Court, Hon. Amos M. Thayer, Judge. The petition fails to state a cause of action. Stix «. Matthews, 75 Mo. 96 ; Clements v. Teates, 69 Mo. 625 ; Field v. Fail-road, 76 Mo. 614 ; PJleger v. Weltne, 21 Mo. App. 580 ; Saulsbury v. Alexander, 50 Mo. 142 ; Staley v. Wallace, 21 Mo. App. 128; Stale v. Foberts, 62 Mo. 388. Books of accounts are not evidence. Hissriclc v. McPherson, 20 Mo. 310; Anderson -a. Volmer, 83 Mo. 403; Cozzens v. Barrett, 23 Mo. 544; Hanson n. Jones, 20 Mo. App. 587: If plaintiff made a mistake in paying the money, it ought to make it appear…
1Opinion of the CourtThompson, J.
The petition states that, on or about the twenty-second day of March, 1884, the defendant had an accounting with the plaintiff touching certain dealings previously had between them, wherein it was found that there was due the plaintiff the sum of $68.70, which the defendant thereupon paid ; that, by mistake of both parties, there was not considered in said accounting the sum of $923. 64, which the plaintiff had paid to the defendant on the first day of June, 1883 ; that this item was entirely overlooked in said accounting ; that if this item had been included in said accounting, the defendant…
2Cases cited5 opinions
- Davis v. KrumMissouri Court of Appeals · 1882
- McDonald v. LynchSupreme Court of Missouri · 1875
- Hanson v. JonesMissouri Court of Appeals · 1886
- Lyle v. ShinnebargerMissouri Court of Appeals · 1885
- Budd v. EyermannMissouri Court of Appeals · 1881
3Cited by3 opinions
- Mehlstaub v. MichaelMissouri Court of Appeals · 1926
- Adams v. MobergSupreme Court of Missouri · 1947
- American Trust & Savings Bank v. MontanoAlabama Court of Appeals · 1921