McGuire v. De Frese
Missouri Court of Appeals
Appeal from the Polk Circuit Court. — Hon. Argus Cos, Judge. (1) Mrs. De Frese, wife of defendant, was not a competent witness to testify to any of the facts related by her. Holman v. Bachus, 73 Mo. 49; McFadin v. Catron, 120 Mo, 274; Waddle v. McWilliams, 21 Mo. App. 299; Herndon v. Triple Alliance, 45 Mo. App. 430; Brandon v. Dawson, 51 Mo. App. 244; Rider v. Culp, 68 Mo. App. 531; Basye v. Railroad, 65 Mo. App. 475; R. S. 1889, sec. 8922; Reno v. Kingsbury, 39 Mo.
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Appeal from the Polk Circuit Court. — Hon. Argus Cos, Judge. (1) Mrs. De Frese, wife of defendant, was not a competent witness to testify to any of the facts related by her. Holman v. Bachus, 73 Mo. 49; McFadin v. Catron, 120 Mo, 274; Waddle v. McWilliams, 21 Mo. App. 299; Herndon v. Triple Alliance, 45 Mo. App. 430; Brandon v. Dawson, 51 Mo. App. 244; Rider v. Culp, 68 Mo. App. 531; Basye v. Railroad, 65 Mo. App. 475; R. S. 1889, sec. 8922; Reno v. Kingsbury, 39 Mo. App. ,243. (2) Instruction number 3 asked by plaintiff and refused by the court should have been given; it is a correct…
1Opinion of the CourtEllison, J.
This action is based on an itemized account with certain itemized credits. At the trial plaintiff for the purpose of showing that the account was an “account stated” offered to prove that it had been sent to defendant and was retained by him for a long space of time without objection. The evidence was refused by the trial court. The ruling was correct. One can not declare on an itemized account and recover on an account stated. Brown v. Kimmel, 67 Mo. 430; see, also, Kent v. Highleyman, 17 Mo. App. 9.
2. Defendant’s wife was allowed to testify as a witness in his behalf. The evidence showed…
2Cases cited2 opinions
- Brown v. KimmelSupreme Court of Missouri · 1878
- Kent v. HighleymanMissouri Court of Appeals · 1885
3Cited by4 opinions
- Friedman Keller & Co. v. OlsonMissouri Court of Appeals · 1915
- Fishback v. HarrisonMissouri Court of Appeals · 1909
- McDonald v. MossmanMissouri Court of Appeals · 1914
- The Senaca Co. v. EllisonMissouri Court of Appeals · 1919