Heck v. Missouri Pac. Ry. Co.
U.S. Circuit Court for the District of Colorado
At Law. On motion to strike out reply.
1Opinion of the Court
LEWIS, District Judge.
Trespass on the case. The answer pleads accord and satisfaction, the payment of $130 by defendant to plaintiff, and, in consideration thereof, a written release by plaintiff of the damages in question. The replication attempts the plea of confession and avoidance, alleging that if the release was obtained from the plaintiff, it was by artifice, fraud, deceit, and by false and fraudulent representations made to plaintiff by defendant and its agents.
1. The plea is bad. It does not give color. 1 Chitty on Pleadings (16 Am. Ed.) bot. pp. 677, 678, 679:
"A plea of this…
2Cases cited26 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- George v. TateSupreme Court of the United States · 1881
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
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3Cited by9 opinions
- Pacific Mut. Life Ins. v. WebbCourt of Appeals for the Eighth Circuit · 1907
- Morstad v. Atchison, T. & S. F. Ry Co.New Mexico Supreme Court · 1918
- Raytheon Mfg. Co. v. Radio Corporation of AmericaCourt of Appeals for the First Circuit · 1935
- Anderson v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1910
- Pringle v. StorrowDistrict Court, D. Massachusetts · 1925
4 more not listed; retrieve them via the Exa API.