Thompson v. Brown
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. Hughes, Judge., (1) The seventh instruction asked by the plaintiff,, and refused by the court, should have been given to the jury. It stated a correct proposition of law, and, if the evidence established the facts, defendant’s set-off should have been disallowed. Banh v. Aull> Adm’r, 80 Mo. 199; Bailie v. Ins. Co., 73 Mo. 371. (2) The eighth instruction prayed by the plaintiff should have been given.
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Appeal from the Audrain Circuit Court. — Hon. E. Hughes, Judge., (1) The seventh instruction asked by the plaintiff,, and refused by the court, should have been given to the jury. It stated a correct proposition of law, and, if the evidence established the facts, defendant’s set-off should have been disallowed. Banh v. Aull> Adm’r, 80 Mo. 199; Bailie v. Ins. Co., 73 Mo. 371. (2) The eighth instruction prayed by the plaintiff should have been given. The items in defendant’s set-off which were contracted more than five years before the death of deceased were barred by the statute of…
1Opinion of the CourtSmith, P. J.
— The plaintiff brought suit against the defendant upon a promissory note made by him to *318the deceased, dated July 10, 1883, for $475, due one day after date. There were five several credits thereon indorsed, the first of date May 1, 1886, and the last April 1, 1889. ¡
The answer admitted the execution of the note, and then alleged “that defendant had for a long time prior to the execution of said note attended to all the business of Samuel Brown, paying money for him when necessary to do so, renting his farm and looking after it for him, for which the said Samuel Brown agreed to compensate…
2Cases cited6 opinions
- Ring v. JamisonSupreme Court of Missouri · 1877
- Fulton Iron Works v. North Center Creek Mining & Smelting Co.Supreme Court of Missouri · 1883
- Boylan v. The Steamboat VictorySupreme Court of Missouri · 1867
- Ring v. JamisonMissouri Court of Appeals · 1876
- Loeffel v. HossMissouri Court of Appeals · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932
- Alkire Grocer Co. v. TagartMissouri Court of Appeals · 1895
- Roberts v. NealeMissouri Court of Appeals · 1908