Legal Opinion

Weiss v. Wahl

Missouri Court of Appeals

Decided March 19, 1878PublishedCited by 3 opinions

Appeal from St. Louis Circuit Court. cited: Wag. Stat. 1273 ; Johnson v. Jones, 16 Mo. 494 ; Mahan v. Ross, 18 Mo. 121; Pratt v. Menkens, 18 Mo. 158 ; Brake v. Corning, 19 Mo. 125 ; Crowden v. Elliott, 2 Mo. 51; Mead v. Scott, 4 Yt. 26 ; Owen v. Wilkinson, 44 C. B. 526. cited: Finney v. Turner, 10 Mo. 207.

1Opinion of the CourtBakewell, J.

Weiss sued Wahl and Leisse for a balance of $190 due on open account. At the same time, Weiss, together with his partner, Obert, owed defendants $152 for goods sold and delivered by defendants to them, which they pleaded as a set-off to plaintiff’s demand. It is claimed by plaintiff that this could not be done. The trial court held that the indebtedness of Weiss and Obert to Wahl and Leisse could not be set off against the demand of Weiss, and rendered *409judgment for plaintiff for the amount claimed; and defendants appeal.

The question is, whether a firm indebtedness can be set off against a…

2Cases cited5 opinions

  1. Lamb v. BrolaskiSupreme Court of Missouri · 1866
  2. Austin v. FelandSupreme Court of Missouri · 1843
  3. Marguerite v. ChouteauSupreme Court of Missouri · 1828
  4. Trent's Administrator v. TrentSupreme Court of Missouri · 1857
  5. Whaley v. CapeSupreme Court of Missouri · 1835

3Cited by3 opinions

  1. Storts v. MillsMissouri Court of Appeals · 1902
  2. Frowein v. Calvird & LewisMissouri Court of Appeals · 1898
  3. McCuin v. FrazierMissouri Court of Appeals · 1889

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