Union Railroad & Transportation Co. v. Traube
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The agreed case shows that the present counter-claim was not an issue, and the merits of it not disposed of in the' former suit, and hence the prior judgment is no bar. (2 Phil.
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Appeal from St. Louis Circuit Court. The agreed case shows that the present counter-claim was not an issue, and the merits of it not disposed of in the' former suit, and hence the prior judgment is no bar. (2 Phil. Ev., 17, 18 [Cow. & Hill, notes 261] ; Id., 4; 2¥. Black, S27; 3 Wils., 304; Goodson vs. Smith, 2 Moore, 157; Seldon vs. Tutop, 6 T. R., 607 ; Thorpe vs. Cooper, 5 Bing., 129; Hadley vs. Green, 2 Tyrw., 390; Davenport vs. Hubbard 45 Yt., 200 ; 43 Yt., 410; Snider vs. Croy, 2 Johns., 227; Phillips vs. Berrick, 16 Johns., 136; Hale vs. Andrews, 6 Cow., 225; Wheeler vs. Yan Honten,-12…
1Opinion of the CourtNapton, Judge
This suit was to recover a freight bill amounting to $411.67, for transportation of certain goods from New York to St. Louis, at the 2-equest of defendant.
The answer sets up a counter-claim for $1000 damages for failing to deliver 58 tierces of rice, a portion of the cargo ordered by defendant. The reply admitted the failm-e to deliver the 58 tierces of rice; but set up a judgment recovered by Traube in the Circuit Court, U. S., against the plaintiff, for $2616; the value of said rice, and claimed the judgment which was paid was an adjudication of that matter, which barred the defendant from…
2Cases cited6 opinions
- Masterson v. HerndonSupreme Court of the United States · 1870
- Farrington v. PayneNew York Supreme Court · 1818
- Miller v. CovertNew York Supreme Court · 1828
- Reformed Protestant Dutch Church of Westfield v. BrownNew York Supreme Court · 1869
- Wagner v. JacobySupreme Court of Missouri · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Eastland County v. DavissonTexas Commission of Appeals · 1929
- Donnell v. WrightSupreme Court of Missouri · 1899
- Hill v. CombsMissouri Court of Appeals · 1902
- Hoffmann v. Hoffmann'sSupreme Court of Missouri · 1895
47 more not listed; retrieve them via the Exa API.