Green v. Conrad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) The defense pleaded in the answer is not a counter-claim existing in favor of the sureties. It would not be a counter-claim in favor of William E. Davidson, If alive, or in favor of his executor if he were a party against whom a judgment is asked. Revised Statutes, 1889, sec. 2050; Barnes v. McMullen, 78 Mo. p. 269; Pomeroy on Rights and Remedies, sec. 741, also sec. 749, et seq.
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Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) The defense pleaded in the answer is not a counter-claim existing in favor of the sureties. It would not be a counter-claim in favor of William E. Davidson, If alive, or in favor of his executor if he were a party against whom a judgment is asked. Revised Statutes, 1889, sec. 2050; Barnes v. McMullen, 78 Mo. p. 269; Pomeroy on Rights and Remedies, sec. 741, also sec. 749, et seq. (2) The judgment in favor •of William F. Davidson cannot be invoked by the sureties as a legal or statutory set-off. It could not be so used by…
1Opinion of the CourtGantt, P. J.
The Keokuk Northern Line Packet Company was a corporation created under the laws of Missouri, and for some years prior to 1880 was engaged in the transportation of passengers and freight between St. Louis and St. Paul on the Mississippi river. On the twenty-eighth of October, 1880, James "Ward et al, recovered judgments in the St. Louis circuit court against William F. Davidson et al. for $1,952; against Davidson alone for $3,435, arid against William F. and Peyton S. Davidson for $20,081. The decree went further and removed William F. Davidson, who was *658president of the said packet company,…
2Cases cited33 opinions
- Scammon v. KimballSupreme Court of the United States · 1876
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Shickle v. WattsSupreme Court of Missouri · 1887
- Roan v. WinnSupreme Court of Missouri · 1887
- Ward v. DavidsonSupreme Court of Missouri · 1886
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3Cited by21 opinions
- Steelman v. AtchleySupreme Court of Arkansas · 1911
- Gary Realty Co. v. SwinneySupreme Court of Missouri · 1929
- Babcock v. RiegerSupreme Court of Missouri · 1933
- Homer v. National Bank of Commerce in St. LouisSupreme Court of Missouri · 1897
- Smith v. PerrySupreme Court of Missouri · 1906
16 more not listed; retrieve them via the Exa API.