17 Mo. 64 | Mo. | 1852
delivered the opinion of the court.
This was an action of assumpsit, brought by the plaintiff against the defendants, on the common counts only. There was testimony showing a long continued course of dealing, and running accounts, between the plaintiff and these defendants. The plaintiff was a merchant, and the defendants were the owners of the Buckeye Copper Mines in Madison county. One Pomeroy was the manager and superintending agent of the business of the mines for the defendants. These accounts were made by him with the plaintiff, and were reduced by payments from time to time, leaving a balance due to the plaintiff, being part of the demand sued for in this ease. Many points were raised in the court below, and the record contains several bills of exceptions. Some of thpse points it will be necessary to notice, while others are considered of no importance.
The record is exceedingly voluminous, and encumbered with many bills of exceptions scattered all through it, containing
The judgment of the court below is reversed, and the cause remanded,