Wentzville Tobacco Co. v. Walker
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. W. W. Edwards, Judge. (1) The circuit court erred in overruling plaintiff’s motion to strike out part of defendant’s answer. That part of the answer embraced in said motion set up a counterclaim or set-off and constituted no legal defense to the action.
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Appeal from St. Charles Circuit Court. — Hon. W. W. Edwards, Judge. (1) The circuit court erred in overruling plaintiff’s motion to strike out part of defendant’s answer. That part of the answer embraced in said motion set up a counterclaim or set-off and constituted no legal defense to the action. State to use v. Modrell, 15 Mo. 421; Johnson v. Jones, 16 Mo. 494; Vastine v. Finan, 42 Mo. 269; Brahe v. Carning, 19 Mo. 125; State ex rel. v. Fidrig e, 65 Mo. 584; Mahan v. Boss, 18 Mo. 121; Pratt v. Menhins, 18 Mo. 158; May to use v. Kellar, 1 Mo. App. 381; Waterman on Set-Off, p. 341, sec. 288.…
1Opinion of the CourtBarclay, J.
— This is an action on a bond for $6,000, with collateral condition, executed by defendants to plaintiff.
The bond was conditioned for the faithful performance of the duties of secretary and treasurer of the plaintiff company, by Mr. W. W. Walker, the principal defendant.
The amended petition set up a number of breaches of the bond, consisting of a variety of alleged irregularities on the part of Mr. Walker, and furnished some forty items of specific charges of moneys received by *668him and not accounted for, or for which }ie took credit on the books without authority.
The petition also alleged…
2Cases cited7 opinions
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
- Keen v. SchnedlerSupreme Court of Missouri · 1887
- State v. WareSupreme Court of Missouri · 1879
- State ex rel. Howard County v. BurckharttSupreme Court of Missouri · 1884
- State ex rel. Walker v. HurlstoneSupreme Court of Missouri · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- Tribal Development Co. v. White Bros.Supreme Court of Oklahoma · 1911
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Creve Coeur Lake Ice Co. v. TammSupreme Court of Missouri · 1897
- Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918
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