Mitchell v. Clark
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. This was á writ of error to the Supreme Court of Missouri. The plaintiff below sued the plaintiffs in error for rent due on a ■ lease of two storehouses in St. Louis for the months of ■August, September, and October, 1862, at the rate of $583.33 per. month.
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IN ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. This was á writ of error to the Supreme Court of Missouri. The plaintiff below sued the plaintiffs in error for rent due on a ■ lease of two storehouses in St. Louis for the months of ■August, September, and October, 1862, at the rate of $583.33 per. month. The defendants answered with four pleas, as follows : ■ “ And now come said defendants, by leave of court, for amended answer to plaintiff’s petition, admit the execution of .said lease and the occupancy of said premises under and by virtue of the same as alleged in said petition; and…
1Opinion of the CourtJustice Millee
After reciting the. facts in the foregoing language, he continued :
The first of these defences is intended, to assert the validity of the military order by which defendants under compulsion of that order paid the rent which as tenants.of Clark they then owed to him, into the military chest of General Schofield, and that said order being lawful and valid is a full protection to them and a bar tó this action.
Ve shall not undertake to decide in this case whether General Schofield had such authority as would make that payment a discharge of the debt or not. .
The third plea, conceding that the…
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