Fry v. Baxter
Supreme Court of Missouri
ERROR to Marion Circuit Court. Trover is an action ex delicto — the wrong consists in thecomuemou of the plaintiff’s goods, and ..no plea is good that does not controvert this allegation. No plea is good in an action of tort which is good in an action ex contractu. The plea of payment of the note does not answer the charge of the conversion of the note. The plea of fraud, in the consideration of the note, does not answer ttie charge of the conversion of the note.
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ERROR to Marion Circuit Court. Trover is an action ex delicto — the wrong consists in thecomuemou of the plaintiff’s goods, and ..no plea is good that does not controvert this allegation. No plea is good in an action of tort which is good in an action ex contractu. The plea of payment of the note does not answer the charge of the conversion of the note. The plea of fraud, in the consideration of the note, does not answer ttie charge of the conversion of the note. The pleas only go in mitigation of the damages. They deny neither the plaintiff’s title to the note, nor the defendant’s conversion…
1Opinion of the CourtNapton, J.
Fry brought an action of trover against Baxter, for a promissory note, given by defendant to plaintiff, for one hundred dollars; the defendant pleaded not guilty, and three special pleas. The defence set up in the *303first plea, was that defendant had paid the note with interest, &c., and having so paid it, came to the possession of the note by finding, and retained the same as he might lawfully do. The second plea was a plea of set off, and the third special plea was that the note was given as the consideration of a certain machine for cutting shingles, sold by the plaintiff to the defendant,…
2Cases cited1 opinion
- Hurst v. CookNew York Supreme Court · 1838
3Cited by2 opinions
- Jefferson v. HaleSupreme Court of Arkansas · 1876
- Ackerman v. GreenSupreme Court of Missouri · 1906