Barber v. Baker
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scabritt, Judge. (1) In actions in Missouri on assigned nonnegotiable instruments, the defendant shall be allowed every just set-off, or other defense, which existed in his favor at the time of his being notified of such assignment. R. S. 1889, sec. 8161; Haeussler v. Greene, 8 Mo. App. 451. A note which is uncertain as to the amount to be paid isnonnegotiable. Bankv. Gray, 63 Mo. 33; Cushing v, Field, 70 Me. 50; Hopev.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scabritt, Judge. (1) In actions in Missouri on assigned nonnegotiable instruments, the defendant shall be allowed every just set-off, or other defense, which existed in his favor at the time of his being notified of such assignment. R. S. 1889, sec. 8161; Haeussler v. Greene, 8 Mo. App. 451. A note which is uncertain as to the amount to be paid isnonnegotiable. Bankv. Gray, 63 Mo. 33; Cushing v, Field, 70 Me. 50; Hopev. Baker, 112 Mo. 338. (2) Whenever justice requires it a judgment will be adjudged to be an old debt in a new form, and not…
1Opinion of the CourtEllison, J.
Plaintiff instituted this action against defendants on a nonnegotiable promissory note executed by defendant to one Eanson, and by Eanson assigned to plaintiff. Plaintiff recovered in the trial court.
Statement The single question involved is the right to set off a judgment in favor of defendant and against plaintiff. The trial court ruled that the judgment could not be set off. The statute (section 8161) is as follows: “In actions on assigned accounts and nonnegotiable instruments the defendant shall be allowed every just set-off on other defense which existed in his favor at the time of his…
2Cases cited2 opinions
- Lowell v. LaneNew York Supreme Court · 1861
- Irvin v. WrightIllinois Supreme Court · 1834
3Cited by4 opinions
- Buchweiser v. Estate of LabererSupreme Court of Missouri · 1985
- Gohld v. SvendsgaardSupreme Court of Minnesota · 1919
- Gemmell v. HuebenMissouri Court of Appeals · 1897
- Buchweiser v. Estate of LabererSupreme Court of Missouri · 1985