Parsons v. John L. Clark & Co.
Missouri Court of Appeals
Appeal from Knox Circuit Court. — How. Edwin B. McKee, Judge. (1) • Plaintiff’s motion for judgment on the pleadings on the first count, for the balance due on the note, ought to have been sustained. The answer does not state facts to constitute any defense to the action on the note. It is first charged the contract of sale was fraudulently obtained. On this trial that question is immaterial ; defendants do not ask to rescind; they are in no position to do it.
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Appeal from Knox Circuit Court. — How. Edwin B. McKee, Judge. (1) • Plaintiff’s motion for judgment on the pleadings on the first count, for the balance due on the note, ought to have been sustained. The answer does not state facts to constitute any defense to the action on the note. It is first charged the contract of sale was fraudulently obtained. On this trial that question is immaterial ; defendants do not ask to rescind; they are in no position to do it. That the contract was fraudulently procured could be relevant only in a state of case, in which the court might if proper set it…
1Opinion of the CourtGoode, J.
The petition contains two counts, the first being on a promissory note given to plaintiff by the defendants in consideration of a stock of general merchandise they bought of him; the second set out the contract between the parties for the sale and purchase of said stock, which was alleged to constitute an equitable lien or mortgage on the merchandise for the security of the promissory note aforesaid and prayed that it be enforced and foreclosed and that a receiver of the goods be appointed pending the action.
A writ of attachment was sued out by virtue of which the property was seized and sold…
2Cases cited4 opinions
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- Hubbard v. QuisenberryMissouri Court of Appeals · 1888
- White v. CaldwellMissouri Court of Appeals · 1885
- Hoffman v. St. Louis Trust Co.Supreme Court of Missouri · 1899
3Cited by2 opinions
- Murphy v. Lorwood Cooperage Co.Missouri Court of Appeals · 1912
- State ex rel. Clark v. ParsonsMissouri Court of Appeals · 1905