Cahill, Swift & Co. v. McCornish
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. — Hon. Seldon P. Spenoeb, Judge. The account sued on in the petition was proven up by the testimony of Roswell B. Swift. The defendants, E. A. McCornish and Frank Ebenrick, did not deny or contest their liability for the full amount claimed, to wit, $349.95. Their evidence and action throughout the case amounted to a confession of the account.
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Appeal from the St. Louis Circuit Court. — Hon. Seldon P. Spenoeb, Judge. The account sued on in the petition was proven up by the testimony of Roswell B. Swift. The defendants, E. A. McCornish and Frank Ebenrick, did not deny or contest their liability for the full amount claimed, to wit, $349.95. Their evidence and action throughout the case amounted to a confession of the account. Plaintiffs, therefore, were entitled to a personal judgment against defendants E. A. McCornish and Prank Ebenrick for the full amount of that account. Plaintiffs’ right to recover against ■ E. A. McCornish and…
1Opinion of the CourtBond, J.
— Plaintiffs as subcontractors seek a personal judgment against E. A. MeCornish & Company and John Cook, general contractors, for $849.95, and a lien therefor upon the premises of the Woerheide Reality & Improvement Company. The suit was begun and tried before a justice and appealed by plaintiffs to the circuit court, where the-court, on the ground that it involved a long account, • committed the cause to a referee to try all the issues and report his findings. The referee thus appointed heard the evidence adduced by plaintiffs (defendants offering no testimony) and recommended a judgment…
2Cases cited5 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Williams v. PorterSupreme Court of Missouri · 1873
- Patrick v. AbelesSupreme Court of Missouri · 1858
- Singer Manufacturing Co. v. GivensMissouri Court of Appeals · 1889
- Dallas v. BrownMissouri Court of Appeals · 1895
3Cited by4 opinions
- Richards Brick Co. v. WrightMissouri Court of Appeals · 1935
- Floreth v. McReynoldsMissouri Court of Appeals · 1920
- State ex rel. Wayne County v. WoodsSupreme Court of Missouri · 1911
- Clark Williams Realty Co. v. BriggsMissouri Court of Appeals · 1912