Garnett & Allen Paper Co. v. Midland Publishing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. James E. Withrow•, Judge. (1) The motion of plaintiff to make more definite and certain the counterclaim of defendant should undoubtedly have been sustained. Atterbury v. Powell, 29 Mo. 429; Mfg. Co. v. Saltzmann, 42 Mo. App. 85; MacAdam v. Seudder, 127 Mo. 345; Walker v. Ins. Co., 62 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court.—Hon. James E. Withrow•, Judge. (1) The motion of plaintiff to make more definite and certain the counterclaim of defendant should undoubtedly have been sustained. Atterbury v. Powell, 29 Mo. 429; Mfg. Co. v. Saltzmann, 42 Mo. App. 85; MacAdam v. Seudder, 127 Mo. 345; Walker v. Ins. Co., 62 Mo. App. 209. (2) The cause of action attempted to be set up in the counterclaim has no connection whatever with the contract or transaction sued on in the petition. To be available as a counterclaim a contract-must be alleged as it is only “a cause of artion…
1Opinion of the CourtReynolds, P. J.
Plaintiff below, appellant here, on December 14, 1908, commenced action against defendant, the,petition containing three counts, each count setting up sale and delivery of printing paper of different brands, the sales made at different dates. In the first count the amount claimed is $740.34, with interest at six per cent from the 15th of May, 1908; in the second count the amount claimed is $503.67, and interest at six per cent from the 15th day of June, 1908; in the third count the amount claimed is $181.47, and *192interest at six per cent from the date of demand, 15th of July, 1908.
Admitting…
2Cases cited6 opinions
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Green v. ConradSupreme Court of Missouri · 1893
- Hays v. FoosSupreme Court of Missouri · 1909
- Meyer v. ChambersSupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brown v. ThomasMissouri Court of Appeals · 1958
- Fish v. FishMissouri Court of Appeals · 1957
- Pile v. Bank of FlemingtonMissouri Court of Appeals · 1915
- Schneider v. JohnsonMissouri Court of Appeals · 1912
- St. Louis Sanitary Co. v. ReedMissouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.