Powell v. Pacific Railroad
Supreme Court of Missouri
Appeal from Lafayette Circuit Court.—Hon. Wm. T. Wood, Judge. Plaintiff’s third instruction is correct and should have been given. Greenleaf’s Ev. Yol. 2, Sec. 126, 127,128; Lockwood v. Thorne, 11 N. Y. 170; Leahy v. Dug dale’s, Admr. 27 Mo. 487; ib. 34 Mo 99; ib. 41 Mo. 517. The evidence does not support the allegation of an account stated. Gape Girardeau $ State Line R. R. Co. v. Kimmel, 58 Mo. 84; Greenleaf’s Ev.
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Appeal from Lafayette Circuit Court.—Hon. Wm. T. Wood, Judge. Plaintiff’s third instruction is correct and should have been given. Greenleaf’s Ev. Yol. 2, Sec. 126, 127,128; Lockwood v. Thorne, 11 N. Y. 170; Leahy v. Dug dale’s, Admr. 27 Mo. 487; ib. 34 Mo 99; ib. 41 Mo. 517. The evidence does not support the allegation of an account stated. Gape Girardeau $ State Line R. R. Co. v. Kimmel, 58 Mo. 84; Greenleaf’s Ev. Yol. 2 § 127; Stebbins v. Miles, 25 Miss. 267; Cartright v. Green, 47 Barb. 9; Rutledge v. Moore, 9 Mo. 533; Bates v. Townsly, 2 Exch. 152; Knowles v. Michel, 13 East 249;…
1Opinion of the CourtNorton, J.
This suit was instituted in the circuit court of Lafayette county, in which the petition of plaintiffs alleges that on the 8th day of July, 1872, defendant was indebted to one Gleason in the sum of $218.16, upon an account stated, being the amount due said Gleason from defendant for boarding hands and laborers employed by said defendant upon its road; said account accruing for boarding such employees from June 1st, 1872, to June 30th, 1872 ; that said account was, on the 8th day of July, 1872, assigned, for value, by said Gleason to plaintiffs, of all which defendant had due notice on the…
2Cases cited2 opinions
- Wilde v. JenkinsNew York Court of Chancery · 1834
- Cape Girardeau & State Line Railroad v. KimmelSupreme Court of Missouri · 1874
3Cited by29 opinions
- Brown v. KimmelSupreme Court of Missouri · 1878
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- McKeen v. Boatmen's BankMissouri Court of Appeals · 1898
- Gerstner v. Lithocraft StudiosMissouri Court of Appeals · 1953
- Missouri Pacific Railway Co. v. B. F. Coombs & Brother Commission Co.Missouri Court of Appeals · 1897
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