Legal Opinion

McCormack v. Sawyer

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 6 opinions

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;…

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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

  1. Powell v. Pacific RailroadSupreme Court of Missouri · 1877
  2. Brown v. KimmelSupreme Court of Missouri · 1878
  3. Kent v. HighleymanMissouri Court of Appeals · 1885

3Cited by6 opinions

  1. McKeen v. Boatmen's BankMissouri Court of Appeals · 1898
  2. Nelson v. DiffenderfferMissouri Court of Appeals · 1914
  3. Mulford v. CæsarMissouri Court of Appeals · 1893
  4. Estes v. Hamilton-Brown Shoe Co.Missouri Court of Appeals · 1893
  5. Kenyon Co. v. JohnsonSupreme Court of Minnesota · 1919

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