Barr v. Lake
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Hon. Charles D. StewartJudge. (1) In an action on a stated account or claim, while the defendant will not be allowed to go behind the settlement to open up the whole merits of the antecedent transaction, yet he may introduce evidence respecting the earlier transactions to show whether there was a foundation for the settlement.
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Appeal from Lewis Circuit Court. — Hon. Charles D. StewartJudge. (1) In an action on a stated account or claim, while the defendant will not be allowed to go behind the settlement to open up the whole merits of the antecedent transaction, yet he may introduce evidence respecting the earlier transactions to show whether there was a foundation for the settlement. Koegel v. Givens, 79 Mo. 77; Railroad v. Kimmel, 58- Mo. 84. In an action on a stated general account, under a general denial, evidence is admissible tending to disprove the existence of the account or that there had been no dealings…
1Opinion of the CourtNortoni, J.
This is a snit on an account stated. The plaintiff recovered and defendant appeals.
It is alleged, substantially, that plaintiff and defendant had certain business transactions in April, 1902, as a result of which defendant received from the plaintiff certain telephone equipments and the'sum of fifty dollars in cash. And that afterwards, in February, 1904, they settled their accounts and agreed upon a balance of sixty dollars being due from defendant to the plaintiff thereon, which sum of sixty dollars defendant promised to pay plaintiff. The testimony on the part of plaintiff tends to prove…
2Cases cited15 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Kane v. McCownSupreme Court of Missouri · 1874
- Greenway v. JamesSupreme Court of Missouri · 1864
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Compton v. ParsonsSupreme Court of Missouri · 1882
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3Cited by11 opinions
- Steinmetz v. GrennonOregon Supreme Court · 1923
- Gerstner v. Lithocraft StudiosMissouri Court of Appeals · 1953
- Friedman Keller & Co. v. OlsonMissouri Court of Appeals · 1915
- Fager v. Commercial Union Assurance Co.Missouri Court of Appeals · 1915
- Chisler v. StaatsMissouri Court of Appeals · 1973
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