Nickerson v. Gilliam
Supreme Court of Missouri
Appeal from Chariton Circuit Court. I. Martin’s indebtedness was a good set-off against the note sued on to his use. The admissibility of the set-off depends not upon who are the nominal parties to the suit, but upon who are the real parties in interest. (2 Parsons on Contr. 244, 251; 4 Wash. C. 0. 93; 7 Gush. 217.) The set-off being due to one of the defendants does not affect the case.
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Appeal from Chariton Circuit Court. I. Martin’s indebtedness was a good set-off against the note sued on to his use. The admissibility of the set-off depends not upon who are the nominal parties to the suit, but upon who are the real parties in interest. (2 Parsons on Contr. 244, 251; 4 Wash. C. 0. 93; 7 Gush. 217.) The set-off being due to one of the defendants does not affect the case. (Kent v. Rogers, 24 Mo. 306.) I. The noté was the individual property of Nickerson; the words “as guardian” are merely■ descriptio persones. (19 Mo. 193; 5 Mart. N. S. 703; 5 Mari O. S. 201; 2 Wheat. 55.) If…
1Opinion of the CourtEwing, Judge
This was an action on a promissory note executed by the defendants, who are the appellants, to the plaintiff “ as guardian” of the estate and person of one Martin, a person of unsound mind, for four hundred dollars. The answer admits the execution of the note, but pleads as set-off a promissory note of E. Martin to one of the defendants, and certain other debts'.transferred to said defendant by third persons alleged to be due from said Martin. The answer also avers that the suit is prosecuted for the use and benefit of Martin, and that the note was given for property of said ward, which had…
2Cases cited1 opinion
- Jeffries v. McLeanSupreme Court of Missouri · 1849
3Cited by5 opinions
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- Payne v. First National BankMissouri Court of Appeals · 1891
- Mayer v. Columbia Savings BankMissouri Court of Appeals · 1900
- Farmers' Trust Co. Ex Rel. Cantley v. Tootle-Lacy National BankSupreme Court of Missouri · 1933