Cases Determined by the St. Louis, Kansas City and Springfield Courts of Appeals of the State of Missouri Volume 40
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...consisted. As intimated in the early portion of this opinion, the evidence did not fairly tend to show that this payment had ever been made to Bormans. The only testimony on the question was delivered by the managing officer of the plaintifi corporation, and so much of it as relates directly to this point was as follows: "Q. How much was altogether paid to Mr. Bormans, and charged in this way to Joyeux? A. Two thousand dollars. I cannot recollect now exactly, excepting by my books; but there are two thousand dollars there, sixteen hundred dollars, rather." The witness here evidently alluded to the four vouchers evidencing the payment-of the second, third, fourth and-fifth installments, and showing that the money had been received by Bormans, each installment being four hundred dollars, and the aggregate being sixteen hundred dollars. The testimony of the same witness continued thus: By the court: " Q. The receipt for the first installment is not there? A. No, sir; only two, three, four and five." By Mr. Fisse (counsel for the plaintiff ): " Q. You have that at your office, I suppose? A. I suppose so, yes. The first payment, if I recollect right, was something more than that. There was, if I recollect right, a little lien or loan; J oyeux put some money in my hands, and I paid the lien or loan. " Q. Do you recollect the amount of the first payment? A. If I recollect it--I suppose enough over four hundred dollars to pay off the lien; my ledger would tell, but I don't remember. "Q. (Handing book to witness.) What is this book? Is this the ledger you refer to? A. Yes, that is the ledger of the building association (meaning the plaintiff). " Q. By whom is that book kept? A. By myself....
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