McCormack v. Sawyer
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Gr. W. Lubkb, Judge. This case was heard on the following petition and answer: “William G. McCormack, k, Plaintiff, v. “Charles H. Sawyer, Defendant. . “ Plaintiff states that on, to-wit, the twelfth day of December, 1883, defendant was indebted to the firm of Smith, McCormack & Co. in the sum of $14,941.60 for money then found to be due from said defendant to said Smith, McCormack & Co., upon an account stated between them;…
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Gr. W. Lubkb, Judge. This case was heard on the following petition and answer: “William G. McCormack, k, Plaintiff, v. “Charles H. Sawyer, Defendant. . “ Plaintiff states that on, to-wit, the twelfth day of December, 1883, defendant was indebted to the firm of Smith, McCormack & Co. in the sum of $14,941.60 for money then found to be due from said defendant to said Smith, McCormack & Co., upon an account stated between them; which said sum the defendant then and there promised to pay the said Smith, McCormack & Co. ; that on, to-wit, the first…
1Opinion of the CourtGantt, P. J.
— As will appear from the statement of this case, this is an action for a balance alleged to be? due upon an account-stated. The petition contains all the allegations essential to a good declaration upon am account stated at common law.
Upon the trial the plaintiff proved the assignment of the account, by Smith, McCormack & Co., to John R. Christian and an assignment b’y Christian to plaintiff. Plaintiff then proved that a copy of the account, showing the balance sued for, was in 1883 mailed to defendant ; that, in another case in which defendant was a party, he testified he had received the…
2Cases cited3 opinions
- Powell v. Pacific RailroadSupreme Court of Missouri · 1877
- Brown v. KimmelSupreme Court of Missouri · 1878
- Kent v. HighleymanMissouri Court of Appeals · 1885
3Cited by6 opinions
- McKeen v. Boatmen's BankMissouri Court of Appeals · 1898
- Nelson v. DiffenderfferMissouri Court of Appeals · 1914
- Mulford v. CæsarMissouri Court of Appeals · 1893
- Estes v. Hamilton-Brown Shoe Co.Missouri Court of Appeals · 1893
- Kenyon Co. v. JohnsonSupreme Court of Minnesota · 1919
1 more not listed; retrieve them via the Exa API.