Coombs Commission Co. v. Block
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Jambs Gibson, Judge. (1) The court has jurisdiction by reason of the constitutional questions involved. State, etc-, v. Francis, 95 Mo. 44. (2) Defendant was entitled as of right to a trial of the issues raised by the affidavit for attachment and its denial was error.
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Appeal from Jackson Circuit Court. — Hon. Jambs Gibson, Judge. (1) The court has jurisdiction by reason of the constitutional questions involved. State, etc-, v. Francis, 95 Mo. 44. (2) Defendant was entitled as of right to a trial of the issues raised by the affidavit for attachment and its denial was error. See Farrington v. McDonald, 28 Mo. 581. (3) That matter in abatement is as creditable a defense as matter in bar; and that the common law rule no longer holds in Missouri, see Little v. Harrington, 71 Mo. 390; Cohn v. Lehman, 93 Mo. 574,- 582, 583. See, also, Bank v. Foster, 90 Tenn.…
1Opinion of the CourtBaec-lay, J.
Plaintiff sued for the price of two car loads of potatoes sold to defendant. The petition stated the particulars of the sale, and that defendant was hence indebted to plaintiff in the sum of $363.23, as appeared by an itemized account attached. It gave defendant credit for $36.57, and asked judgment for the balance, $326.66.
The answer denied .the allegations of the petition, and set up a counterclaim for a large lot of barrels of apples, sold at various times to plaintiff, and not fully paid for, as appeared from an account filed therewith. In that account plaintiff was given certain credits,…
2Cases cited17 opinions
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Little v. HarringtonSupreme Court of Missouri · 1880
- Dunne v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1895
- Byler v. JonesSupreme Court of Missouri · 1883
- Christian v. WilliamsSupreme Court of Missouri · 1892
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3Cited by17 opinions
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Smith v. StateCourt of Criminal Appeals of Texas · 1908
- Central Copper Co. v. KlefischArizona Supreme Court · 1928
- Ottumwa Bridge Co. v. CorriganSupreme Court of Missouri · 1913
- Rhodes v. Holladay-Klotz Land & Lumber Co.Missouri Court of Appeals · 1904
12 more not listed; retrieve them via the Exa API.