Nelson v. Nelson
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. Ben. E. Turner, Judge. The greatest mistake made by the court below was in allowing the introduction of the memorandum book as evidence. It is admitted that the account books of deceased persons are admissible upon certain conditions to prove matters of debit and credit therein. But (1) they must be books of original entry. (2) The accounts must have been kept'in the regular course of business and be regular upon their face.
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Appeal from Knox Circuit Court. — Hon. Ben. E. Turner, Judge. The greatest mistake made by the court below was in allowing the introduction of the memorandum book as evidence. It is admitted that the account books of deceased persons are admissible upon certain conditions to prove matters of debit and credit therein. But (1) they must be books of original entry. (2) The accounts must have been kept'in the regular course of business and be regular upon their face. The entries must be made at or near the time of each particular transaction. See notes to case of Union Bank v. Knapp, 15 American…
1Opinion of the Court
Black, J. —
The respondent, as the administrator of the estate of Robt. Nelson, made final settlement, and at the same time filed in the probate court a motion for an order of distribution. The motion states the amount of money in his hands, that each of the six heirs of the intestate had received advancements from their father, and gives a detailed account of the amounts advanced to each child the appellant being charged with fourteen items. The probate court made an order of distribution charging the appellant with all of the items presented against him by the administrator, which was…
2Cases cited3 opinions
- Ray v. LoperSupreme Court of Missouri · 1877
- Johnson v. BeldenSupreme Court of Connecticut · 1850
- Phillips v. ChappellSupreme Court of Georgia · 1854
3Cited by18 opinions
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Marshall v. ColemanIllinois Supreme Court · 1900
- Gunn v. ThrustonSupreme Court of Missouri · 1895
- Drumm-Flato Commission Co. v. Gerlach BankMissouri Court of Appeals · 1904
- Hirning v. WebbIdaho Supreme Court · 1966
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