Adams v. Trigg
Supreme Court of Missouri
Error to the Cooper Circuit Court. I. Only a single issue was presented by the pleadings in this case. The only material part of the defendant’s answer was the denial that the plaintiff’s intestate had made the deposit in question, and the court erred in refusing plaintiff’s instructions first asked for, raising this point. The remainder of the answer has reference to -a deposit alleged to have been made by the plaintiff of his own money and in his own right.
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Error to the Cooper Circuit Court. I. Only a single issue was presented by the pleadings in this case. The only material part of the defendant’s answer was the denial that the plaintiff’s intestate had made the deposit in question, and the court erred in refusing plaintiff’s instructions first asked for, raising this point. The remainder of the answer has reference to -a deposit alleged to have been made by the plaintiff of his own money and in his own right. Whether the plaintiff, in his own right, had made such a de- and what had become of the could not be tried in a suit in his…
1Opinion of the CourtWagniiB, Judge
This was an action brought by the plaintiff, as administrator, to recover of the defendant certain Missouri bank bills and United States treasury notes alleged to have-been specially deposited with him by the plaintiff’s intestate.
*143Defendant in his answer denied that any such deposit was made by plaintiff’s intestate ; but admitted that the plaintiff in his own name made two special deposits with him. He then stated as a defence that the said deposits were delivered back to the plaintiff, or if any part was not so delivered, the same was lost without the fault or negligence of the defendant,…
2Cited by6 opinions
- Darrett v. DonnellySupreme Court of Missouri · 1866
- McCord v. Doniphan Branch Railway Co.Missouri Court of Appeals · 1886
- Wertheimer-Swarts Shoe Co. v. McDonaldMissouri Court of Appeals · 1909
- Gabriel v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Bank of Monett v. StoneMissouri Court of Appeals · 1902
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