Huse v. Ames
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Gr. W. Lujbkjb, Judge. (1) No exception was necessary to enable this court to review the ruling of the circuit court, on plaintiff’s motion to strike out of defendant’s answer the equitable set-off; the objection being predicated upon the theory that the part of the answer affected did not state facts sufficient to constitute a cause of action or defense. First.
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Appeal from St. Louis City Circuit Court. — Hon. Gr. W. Lujbkjb, Judge. (1) No exception was necessary to enable this court to review the ruling of the circuit court, on plaintiff’s motion to strike out of defendant’s answer the equitable set-off; the objection being predicated upon the theory that the part of the answer affected did not state facts sufficient to constitute a cause of action or defense. First. The objection to a pleading that it does not state facts sufficient to constitute a cause of action or of defense is a matter of error, and not of exception, and may be raised at any…
1Opinion of the CourtBlack, J.
— The Lindell Hotel Association, a corporation, made a voluntary assignment to James L. Huse, as assignee for the benefit of creditors, on the twenty-fourth of June, 1884. On the twenty-seventh of the same month the assignee commenced this suit against Henry Ames to recover a balance of $3,393.10 due on account for board, etc. Ames was a director and stockholder of the insolvent corporation. In October, 1885, the defendant filed a second amended and supplemental answer, in which he denied the alleged indebtedness, put in issue the validity of the assignment, and set up an equitable set-off.
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2Cases cited15 opinions
- Myers v. . DavisNew York Court of Appeals · 1860
- Smith v. . FeltonNew York Court of Appeals · 1871
- Spaulding v. BackusMassachusetts Supreme Judicial Court · 1877
- Hearne v. KeathSupreme Court of Missouri · 1876
- State ex rel. Phillips v. RowseSupreme Court of Missouri · 1872
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3Cited by28 opinions
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
- Boyd v. PaulSupreme Court of Missouri · 1894
- Stadler v. First National BankMontana Supreme Court · 1899
- Gross v. WattsSupreme Court of Missouri · 1907
- Calumet Paper Co. v. Haskell Show Printing Co.Supreme Court of Missouri · 1898
23 more not listed; retrieve them via the Exa API.