Perry's Administrators v. Roberts
Supreme Court of Missouri
Error to Washington Circuit Court. This was a suit begun by respondents, as administrators, upon two notes, dated June 16, 1846, made by the appellant to their intestate, John Perry, in his life time. The appellant set up in his answer, by way of offset, a claim for the rents of a saw mill.
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Error to Washington Circuit Court. This was a suit begun by respondents, as administrators, upon two notes, dated June 16, 1846, made by the appellant to their intestate, John Perry, in his life time. The appellant set up in his answer, by way of offset, a claim for the rents of a saw mill. He stated that in 1843, being indebted to John Perry in a large amount, and being the equitable owner of a valuable saw-mill, the legal title to which was in Perry, he leased the mill to Montgomery & Briekey, for four years, at an annual rent of 60,000 feet of good merchantable lumber, payable…
1Opinion of the CourtGamble, Judge
1. In this case, the answer of the defendant attempts to set up, as an offset against the two promissory notes upon which he was sued, an indebtedness which he alleges existed from Perry to him, at the time the notes were given. This indebtedness, he says, arose on account of rents of a mill which Perry had possession of, and the rents of which were applicable to the satisfaction of the indebtedness from defendant to Perry. The whole defence made is, that the rents which Perry should have received from the tenants of this mill were not taken into the general settlement, which the answer of…
2Cited by11 opinions
- Hope v. BlairSupreme Court of Missouri · 1891
- Wade v. HardySupreme Court of Missouri · 1882
- Erhart v. ToddSupreme Court of Missouri · 1959
- Weller v. WeaverMissouri Court of Appeals · 1936
- Deuser v. WalkupMissouri Court of Appeals · 1891
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