Legal Opinion

Grier v. Strother

Missouri Court of Appeals

Decided December 30, 1910PublishedCited by 1 opinion

Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) Respondent having, by solemn admission in his petition, admitted that appellant was entitled to credit for the item of $1477.69, is bound by said admission, and is estopped from denying its correctness. Harrison v. McReynolds, 183 Mo. 533; Cousins v. Bowling, 100 Mo. App. 452; Cross v. Railroad, 71 Mo.

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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) Respondent having, by solemn admission in his petition, admitted that appellant was entitled to credit for the item of $1477.69, is bound by said admission, and is estopped from denying its correctness. Harrison v. McReynolds, 183 Mo. 533; Cousins v. Bowling, 100 Mo. App. 452; Cross v. Railroad, 71 Mo. App. 585. (2) Respondent was seeking to hold appellant responsible for all C. G. Shepard. & Co. had received from the Mill Company, and hence appellant was entitled to credit for the full amount respondent was indebted to C.…

1Opinion of the CourtNortoni, J.

This is a suit in equity for an accounting. Plaintiff sues the defendant, who, besides being his partner in a mill company, was also formerly a partner in the firm of C. G. Shepard & Company, which acted as agent for the mill company, and seeks an accounting with respect to a number of items set forth in his bill.

The court referred the matter to a member of the bar who heard the evidence, found the major portion of the issues for defendant and recommended a judgment for several hundred dollars in favor of him against plaintiff. On exceptions filed to this report, however, the trial court…

2Cases cited3 opinions

  1. Harrison v. McReynoldsSupreme Court of Missouri · 1904
  2. Lamb v. BrolaskiSupreme Court of Missouri · 1866
  3. Cousins v. BowlingMissouri Court of Appeals · 1903

3Cited by1 opinion

  1. Estate of Chapin v. LongMissouri Court of Appeals · 1920

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