Henderson v. Davis
Missouri Court of Appeals
Appeal from the Newton Circuit Cou/rt. — Hon. J. O. Lamson, Judge. Under the general issue raised on the replication the plaintiff may prove any fact which goes to show that defendant never had a cause of action against him.
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Appeal from the Newton Circuit Cou/rt. — Hon. J. O. Lamson, Judge. Under the general issue raised on the replication the plaintiff may prove any fact which goes to show that defendant never had a cause of action against him. Hoffman v. Parry, 23 Mo. 20; Young v. Glasscock, 79 Mo. 574. What may appear to be new matter may be admissible under a general denial, where the facts constituting the new matter do not confess and avoid but tend to disprove the allegations of plaintiff’s petition. Turner v. Thomas, 10 Mo. App. loe. cit. 342; Hardwick v. Cox, 50 Mo. App. 509. By introducing evidence in…
1Opinion of the CourtBiggs, J.
— The plaintiff’s petition contains five counts. In the first he sues for the contract price of fifteen hundred and thirty-nine bushels of corn. It is averred that the defendant agreed to pay thirty cents per bushel for the corn. The second count is for fifty additional bushels of corn at the same price. In the third count the plaintiff claims to have sold two mules to the defendant for the sum of $130. The fourth count is to recover for three hogs of the alleged value of $19.30, which the plaintiff alleges he sold and delivered to the defendant. The fifth count is for labor performed by…
2Cases cited3 opinions
- Ring v. Chas. Vogel Paint & Glass Co.Missouri Court of Appeals · 1891
- Hitchcock v. BaughanMissouri Court of Appeals · 1891
- Winton & Deming State Bank v. HarrisMissouri Court of Appeals · 1893
3Cited by10 opinions
- Nowell v. ModeMissouri Court of Appeals · 1908
- Cosgrove v. StangeMissouri Court of Appeals · 1916
- J. B. Sickles Saddlery Co. v. BullockMissouri Court of Appeals · 1900
- Silvey v. HerndonMissouri Court of Appeals · 1950
- Marshall v. ArmstrongMissouri Court of Appeals · 1904
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