Smith v. Spengler
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. P. M. Black, Judge. Appellants had judgment against Smith, assignee, and respondent Smith, assignee, had judgment against appellants. Independent of any^ statute, these judgments, under general law, should have been set-off. The court erred in overruling the motion of Carl and John Spengler to set-off these judgments.
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Appeal from Jackson Circuit Court. — Hon. P. M. Black, Judge. Appellants had judgment against Smith, assignee, and respondent Smith, assignee, had judgment against appellants. Independent of any^ statute, these judgments, under general law, should have been set-off. The court erred in overruling the motion of Carl and John Spengler to set-off these judgments. Bourne v. Bennett, 4 Bing. 423-4; Mitchell v. Oldfield, 4 Durnford & East. 123; Temple v. Scott, 3 Minn. 420; Wright v. Cobleigh, 3 Foster (N. H.) 34; Waterman on Set-Off, page 372, section 344 ; 86 111. 270; Carter v. Compton, 79 Ind.…
1Opinion of the Court
Ewing, C.
This suit was begun August 2nd, 1881, in the Jackson circuit court at Kansas City. The petition sets out that the defendants as partners, under their new firm' name of Spengler Brothers, on February 9th, 1881, executed and delivered to the Missouri Yalley Bank their certain promissory note for the sum of $1,600 due one month after date, with ten per cent, interest from maturity until paid. The petition then sets up the assignment to the plaintiff, the maturity of the note on March 12th, 1881, and that the defendants on that day paid the plaintiff the sum of $1,264.62, and asked…
2Cases cited6 opinions
- Holbrook v. Receivers of the American Fire InsuranceNew York Court of Chancery · 1836
- Reppy v. ReppySupreme Court of Missouri · 1870
- Jones v. RobinsonNew York Supreme Court · 1857
- Morrow's Assignees v. BrightSupreme Court of Missouri · 1855
- Finnell v. NesbitCourt of Appeals of Kentucky · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Huse v. AmesSupreme Court of Missouri · 1890
- Colton v. Drovers' Perpetual Building & Loan Ass'nCourt of Appeals of Maryland · 1899
- Green v. ConradSupreme Court of Missouri · 1893
- Thompson v. Union Trust Co.Michigan Supreme Court · 1902
- Storts v. GeorgeSupreme Court of Missouri · 1899
7 more not listed; retrieve them via the Exa API.