Oliver v. Love
Missouri Court of Appeals
Appeal from. Louisiana Court of Common Pleas. — Noto. D. E. Ely, Judge. (1) Defendants’ counterclaim or set-off was in effect a separate suit by bim against tbe plaintiff (section 4499, R. S. 1899). This being true, plaintiff, as to the disputed items in set-off, is to be considered as plaintiff in this cause.
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Appeal from. Louisiana Court of Common Pleas. — Noto. D. E. Ely, Judge. (1) Defendants’ counterclaim or set-off was in effect a separate suit by bim against tbe plaintiff (section 4499, R. S. 1899). This being true, plaintiff, as to the disputed items in set-off, is to be considered as plaintiff in this cause. As such it devolved upon him to prove the fact of the correctness of the various disputed items in his counterclaim, and the failure of the court, to declare this to be the law as asked in plaintiff’s refused instruction No. 2 was prejudicial error. Grover v. Henderson, 120 Mo. 367;…
1Opinion of the CourtGoode, J.
Both the parties to this action appealed and their appeals have been consolidated.
Plaintiff sued the defendants on a promissory note • dated November 10, 1897, bearing interest from date at the rate of eight per cent, compounded if not paid .annually. The execution of the note was admitted by the defendants, as were certain payments on it which were enumerated in the petition. Their answer, after making these admissions, averred that the note had been paid and discharged prior to the institution of this action.
A counterclaim was declared on by the defendants, consisting of various items…
2Cases cited5 opinions
- Quebec Steamship Co. v. MerchantSupreme Court of the United States · 1890
- Bull v. KetchumNew York Supreme Court · 1846
- New York Elevated Railroad v. Fifth National BankSupreme Court of the United States · 1886
- Seay v. SandersMissouri Court of Appeals · 1901
- Henning v. Van Tyne & M'GowanNew York Supreme Court · 1838
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