Collins v. John Pfingsten Leather Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuillan, Judge. (1) Counterclaims connected with, the subject of the action are permissible in replevin suits. McCormick Harvester Co. v. Hill, 104 Mo. App. 544; Ely v. Sutton, 177 Mo. App. 546, 556. (2) Damages arising in connection with the subject-matter maybe set off in a replevin suit against the debt claimed by the defendant as a lien upon the property replevined. Close v. Hurst, 151 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuillan, Judge. (1) Counterclaims connected with, the subject of the action are permissible in replevin suits. McCormick Harvester Co. v. Hill, 104 Mo. App. 544; Ely v. Sutton, 177 Mo. App. 546, 556. (2) Damages arising in connection with the subject-matter maybe set off in a replevin suit against the debt claimed by the defendant as a lien upon the property replevined. Close v. Hurst, 151 Mo. App. 75. (3) If the plaintiffs had advanced money to the defendant, or there was due the plaintiffs interest on moneys so advanced, and for…
1Opinion of the CourtThompson, J.
This is a suit in replevin for one hundred and forty-two bales of leather. The petition was filed in the circuit court, city of St. Louis, on the 7th day of February, 1913, and is in the usual form, accompanied by an affidavit that the property was wrongfully detained and that its actual value was $4000, and that the plaintiffs would be in danger of losing said *616property unless it be taken from the possession of the defendant or otherwise secured. The order of delivery was duly made by thé court and thereafter the plaintiffs gave the sheriff a bond in the sum of $8000, and the sheriff…
2Cases cited15 opinions
- Everett v. CoffinNew York Supreme Court · 1831
- Thompson v. . KesselNew York Court of Appeals · 1864
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Wilson v. . HughesSupreme Court of North Carolina · 1886
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
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