Denny v. Eckelkamp
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’’s Court. This was an action commenced before a justice of the peace to recover the balance of an account. The plaintiff claimed for “ services in putting up hay” in one Hickman’s meadow. There were two credits of cash in the account, one of thirty dollars and the other of five dollars — reducing the amount to ninety-seven dollars.
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Appeal from St. Louis Law Commissioner’’s Court. This was an action commenced before a justice of the peace to recover the balance of an account. The plaintiff claimed for “ services in putting up hay” in one Hickman’s meadow. There were two credits of cash in the account, one of thirty dollars and the other of five dollars — reducing the amount to ninety-seven dollars. There was this further credit in the account as presented to the justice: “ By groceries, $7” — reducing the amount claimed to ninety dollars. The evidence showed that the plaintiff and defendant cut and stacked the hay as…
1Opinion of the CourtNapton, Judge
So far as the question of jurisdiction is concerned, we can not distinguish this case from that of Hempler v. Schneider, 17 Mo. 258. It is impossible for the court trying a case of this character to know what motive induces the abatement of the demand; it is sufficient that the plaintiff has reduced it within the limits prescribed for the jurisdiction of a justice.
As to the form in which the plaintiff’s account was made out, which was for “ services in putting up hay” instead of for the interest sold by the plaintiff to the defendant in a crop of hay put up at their joint expense, we do not…
2Cases cited1 opinion
- Hempler v. SchneiderSupreme Court of Missouri · 1852
3Cited by6 opinions
- Burke & Aitcheson v. Adoue & LobitCourt of Appeals of Texas · 1893
- Matlack v. LareSupreme Court of Missouri · 1862
- Robbins v. ConleyMissouri Court of Appeals · 1892
- Trapp v. MersmanMissouri Court of Appeals · 1914
- Stewart v. Thompson & Co.Supreme Court of Georgia · 1890
1 more not listed; retrieve them via the Exa API.