Hannah v. Baylor
Missouri Court of Appeals
Appeal from Macon Circuit Court, Hon. Andeew Ellison, Judge. Statement of case by the court. This cau.se originated in the circuit court of Adair county, and its venue was changed to Macon county. The action was on sixteen different accounts, and the petition contained as many counts. One of the accounts accrued in favor of the plaintiff. The others were duly assigned to him. All the accounts accrued for goods sold and delivered at the Parcels House, a hotel at Kirksville.
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Appeal from Macon Circuit Court, Hon. Andeew Ellison, Judge. Statement of case by the court. This cau.se originated in the circuit court of Adair county, and its venue was changed to Macon county. The action was on sixteen different accounts, and the petition contained as many counts. One of the accounts accrued in favor of the plaintiff. The others were duly assigned to him. All the accounts accrued for goods sold and delivered at the Parcels House, a hotel at Kirksville. The several counts were in the usual form for goods sold and delivered to defendant. The answer was a general denial. The…
1Opinion of the Court
Krauthoef, Special Judge.
I. It is fairly inferable, from the record in this case, that the written admission made by the defendant’s attorney with reference to the accounts of B. F. Heiny & Company and Heiny & Hooper was acted on by the plaintiff, and hence it belongs to that class of agreements entered into in the course of judicial proceedings which are styled contractual, and, of consequence, its binding force could not be impaired by an attempt to withdraw the admis*313sion so made on the part of the defendant during the trial. 2 Whart. on Evid., sect. 1184; Franklin v. National Insurance…
Also in this document: Concurrence.
2Cases cited2 opinions
- Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Rimel v. HayesSupreme Court of Missouri · 1884
3Cited by4 opinions
- McBeth v. CraddockMissouri Court of Appeals · 1887
- M.F.A. Central Cooperative v. HarrillMissouri Court of Appeals · 1966
- Hahlo v. MayerSupreme Court of Missouri · 1890
- State ex rel. Kemp v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1889