Legal Opinion

Robinson v. Smith

Supreme Court of Missouri

Decided July 1, 1892PublishedCited by 19 opinions

Certified from Kansas City Court of Appeals. The appellants assign as error: First. That the court erred in excluding the following testimony offered by the plaintiffs: Here the plaintiffs offered the bank books of Robinson & Stevens, consisting of ledger, cash book and balance book, kept in the transaction of their business as bankers, and showing the transaction with defendant, and offered to prove that they were accurately kept, and that, by universal custom, entries were…

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Certified from Kansas City Court of Appeals. The appellants assign as error: First. That the court erred in excluding the following testimony offered by the plaintiffs: Here the plaintiffs offered the bank books of Robinson & Stevens, consisting of ledger, cash book and balance book, kept in the transaction of their business as bankers, and showing the transaction with defendant, and offered to prove that they were accurately kept, and that, by universal custom, entries were made and the books written up each day from the checks of the customers and tickets of the teller, and that the books…

1Opinion of the CourtMacfarlane, J.

Plaintiffs are bankers and sued the defendants before a justice of the peace for an alleged overdraft of $50.

*207The case was taken by appeal to the circuit court, when upon a trial the defendant recovered judgment, and plaintiffs appealed to ■ the Kansas City court of appeals.

Upon a hearing in that court, Smith, P. J., wrote an opinion, reversing the judgment of the circuit court, and the appeal was certified to this court, the opinion being deemed in conflict with decisions of the St. Louis •court of appeals. •

At the trial of the case plaintiffs offered to introduce in evidence their “ledger,…

2Cases cited1 opinion

  1. Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891

3Cited by19 opinions

  1. Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
  2. Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
  3. Walser v. WearSupreme Court of Missouri · 1897
  4. State v. HarrisSupreme Court of Missouri · 1933
  5. Kegan v. Park BankSupreme Court of Missouri · 1928

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