Legal Opinion

Fisse v. Blanke

Missouri Court of Appeals

Decided November 18, 1907PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court.—Hon. Moses N. Sale, Judge. In an action on an account stated based on a settlement for work and labor performed, the proof of settlement raises by implication the promise on the part of the defendant to pay. Korgel y. Given, 79 Mo. 77; Burger v. Burger, 34 Mo. App. 153; York y. Wester, Fed. Cases No. 18141; Chace y. Trafford, 116 Mass. 529; Kent v. Hig'hleyman, 17 Mo.

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Appeal from St. Louis City Circuit Court.—Hon. Moses N. Sale, Judge. In an action on an account stated based on a settlement for work and labor performed, the proof of settlement raises by implication the promise on the part of the defendant to pay. Korgel y. Given, 79 Mo. 77; Burger v. Burger, 34 Mo. App. 153; York y. Wester, Fed. Cases No. 18141; Chace y. Trafford, 116 Mass. 529; Kent v. Hig'hleyman, 17 Mo. App-. 9; Hawkins v. Long, 74 N. C. 781; Tassey v. Church, 4 Watts 15, 141; Clair v. Clair, 10 Neb. 54; Hendricks v. Kirkpatrick, 67 N. W. 759; Cochran y. Allen, 58 N. H. 250; Robbins y.…

1Opinion of the CourtGoode, J.

In 1900, the Trinity Rice Land and Canal Company was incorporated. The defendants were promoters of it prior to the incorporation and, as we understand, officers and directors after it was organized. The plaintiff, William E. Fisse, was attorney of the corporation from its inception, took part in organizing it, and attended to most of its legal matters during its existence. The company appears to have been a Texas corporation, at least its interests were in that State, though its promoters are citizens of St. Louis. The rec.ord does not disclose the exact nature of its business, but indicates…

2Cases cited7 opinions

  1. Lockwood v. . ThorneNew York Court of Appeals · 1854
  2. Stenton v. . JeromeNew York Court of Appeals · 1873
  3. Vanbebber v. PlunkettOregon Supreme Court · 1895
  4. Missouri Pacific Railway Co. v. B. F. Coombs & Brother Commission Co.Missouri Court of Appeals · 1897
  5. Austin v. WilsonSuperior Court of Buffalo · 1890

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3Cited by1 opinion

  1. Hammock v. Miller (In re Estate of Miller)Missouri Court of Appeals · 2018

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