Dyas v. Hanson
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lubke, J. The answer does not set up facts constituting a counter-claim. — Chaneboret v. Cagney, 10 Abb.
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Appeal from the St. Louis Circuit Court, Lubke, J. The answer does not set up facts constituting a counter-claim. — Chaneboret v. Cagney, 10 Abb. Pr. 36; JEdgerton v. Page, 20 N. Y. 285. In pleading a counter-claim the defendant must allege the same facts he would be required to allege if he had himself been suing the plaintiffs. — Bliss on Code Pleading, sect. 367, and cases cited; Holzbauer v. Heine, 37 Mo. 444 ; Vassear v. Livingston, 13 N. Y. 252 ; Ritchie v. Haywood, 171 Mo. 362. The facts set up in the answer constitute a cause of action arising on contract. — Ritchie v. Hayward, 71 Mo.…
1Opinion of the CourtThompson, J.
The plaintiffs were wholesale merchants in St. Louis, •and the defendant was a merchant doing business in the country. For about two years prior to the transaction in controversy the defendant had been in the habit of making purchases of the plaintiffs from time to time, and of remitting to them for credit upon the running account thus kept, up, drafts, on other persons for collection. On the 14th of August, 1880, the defendant ordered of the plaintiffs a small bill of goods, amounting to less than $100, and, in a separate letter in the same mail, he sent them a sight draft. for $1,100, on…
2Cases cited21 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- Harker v. AndersonNew York Supreme Court · 1839
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Ayrault v. . the Pacific BankNew York Court of Appeals · 1872
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3Cited by14 opinions
- Farm and Home Savings and Loan Assn. v. StubbsMissouri Court of Appeals · 1936
- Maryland Casualty Co. v. DobbinMissouri Court of Appeals · 1937
- Nevius v. MooreSupreme Court of Missouri · 1909
- Kavanaugh v. Farmers' Bank of MaitlandMissouri Court of Appeals · 1894
- Boppart v. Illinois Surety Co.Missouri Court of Appeals · 1910
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