Frisby v. Rittman
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) Respondent’s motion to strike out portions of appellant’s amended answer should not have been sustained. A defendant may set-off any demand he has against plaintiff.
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Appeal from the Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) Respondent’s motion to strike out portions of appellant’s amended answer should not have been sustained. A defendant may set-off any demand he has against plaintiff. R. S. 1889, sec. 6204; Green v. Conrad, 114 Mo. 651. (2) Instruction 4, given on part of respondent, is wrong from beginning to end; there was evidence of res judicata; it was a proper defense and should not have been withdrawn by the court from the jury. “While it is true that in the action of replevin ordinarily, the only question is the right of possession,…
1Opinion of the Court
Ellison J.
Plaintiff was the owner of two mules, which had been mortgaged to defendant by the party from whom plaintiff had purchased them. Defendant *420instituted a suit in replevin against the party who was. holding the mules for plaintiff. He disclaimed any interest in the controversy and plaintiff was made a defendant in that suit. The suit resulted in defendant’s recovering the mules from this plaintiff. He afterward foreclosed his chattel mortgage and the mules brought at the foreclosure sale $84.50 more than the debt under the mortgage. Plaintiff thereupon instituted this action against…
2Cited by1 opinion
- Beekman Lumber Co. v. Glendale Lumber Co.Missouri Court of Appeals · 1911