Blair v. Corby
Supreme Court of Missouri
Appeal from Buchcman Cowl of Common Pleas. This was an action to recover the sum of 13,195.89 alleged to be due plaintiff as a balance for work and labor done and materials furnished in constructing and completing certain work upon the Hannibal and‘St. Joseph Railroad under a contract entered into between plaintiff and defendant in April, 1856. The defendant was a contractor under John Duff & Co. The plaintiff was a subcontractor under defendant.
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Appeal from Buchcman Cowl of Common Pleas. This was an action to recover the sum of 13,195.89 alleged to be due plaintiff as a balance for work and labor done and materials furnished in constructing and completing certain work upon the Hannibal and‘St. Joseph Railroad under a contract entered into between plaintiff and defendant in April, 1856. The defendant was a contractor under John Duff & Co. The plaintiff was a subcontractor under defendant. The petition set forth substantially that by said contract plaintiff bound himslf to construct and in every respect to complete the clearing,…
1Opinion of the CourtScott, Judge
As this case only involves questions as to the admissibility of evidence and the propriety of instructions given and refused, it will be sufficient to notice the points made in the appellant’s brief, who was defendant below.
The first error complained of by the appellant is the admission in evidence of sundry accounts between him and the plaintiff in relation to the subject of the suit. As the accounts were made out by the appellant himself we do not see on what grounds they can be regarded as inadmissible against *486him. They contained admissions which were competent evidence for the plaintiff.…
2Cited by3 opinions
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Golson v. EbertSupreme Court of Missouri · 1873
- Ford v. McGarveyNew Mexico Supreme Court · 1891