Wolff v. Matthews
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. W. W. Edwards, Judge. Transferred to st. loots court of appeals. Plaintiff is assignee of an account against defendant, made by a firm ( L. A. & Co.) for moneys alleged to have been expended for defendant with interest on each of such items from its date. Defendant denied the claim generally. The trial resulted in judgment for defendant. Plaintiff appealed.
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Appeal from St. Charles Circuit Court. — Hon. W. W. Edwards, Judge. Transferred to st. loots court of appeals. Plaintiff is assignee of an account against defendant, made by a firm ( L. A. & Co.) for moneys alleged to have been expended for defendant with interest on each of such items from its date. Defendant denied the claim generally. The trial resulted in judgment for defendant. Plaintiff appealed. Plaintiff’s aggregate demand ( including the interest items) as stated in the petition exceeds twenty-five hundred dollars. But from the record, made in the trial court, it is evident that the…
1Opinion of the CourtBarclay, J.
— In an action of this nature no interest is recoverable ( in the absence of an agreement on the subject) prior to a demand for the amount on which interest is claimed. Such a demand in this case was necessary to sustain a claim for interest whether the plaintiff’s items be regarded as composing one current account or as separate demands. The personal service of process is a demand for the purpose of starting the running of interest but that would not raise the plaintiff’s total claim, at the time of the judgment, to twenty-five hundred dollars. No evidence was offered by plaintiff to support…
2Cases cited1 opinion
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1888
3Cited by13 opinions
- Vanderberg v. Kansas City, Missouri, Gas Co.Supreme Court of Missouri · 1906
- Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1911
- Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1914
- Weekley v. WallaceMissouri Court of Appeals · 1958
- Beasley v. AthensSupreme Court of Missouri · 1955
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