White v. Henly
Supreme Court of Missouri
Error to Cole Circuit Court. I. The notes given by Green Henly, with the defendant as his surety for money borrowed by Green Henly, and due in tlie life-time of Green Henly, wliich were paid by defendant before suit brought against him in this case, Green Henly being insolvent at tlie time of the execution of the notes and at the time of his death, were proper counter-claims in this action, and the court erred in striking them out.
Read the full summary
Error to Cole Circuit Court. I. The notes given by Green Henly, with the defendant as his surety for money borrowed by Green Henly, and due in tlie life-time of Green Henly, wliich were paid by defendant before suit brought against him in this case, Green Henly being insolvent at tlie time of the execution of the notes and at the time of his death, were proper counter-claims in this action, and the court erred in striking them out. (Morrow vs. Bright, 20 Mo., 300; 1 T. R., 662; Reppy vs. Reppy, 46 Mo., 572.) II. The interest of a trustee of an insolvent, is exactly that of an insolvent…
1Opinion of the Court
Wagner, Judge,
delivered the opinion of the court. '
*594Some confusion is apparent in this record, from the anomalous character of the proceedings upon the trial. In some respects, the case was treated as a suit in equity, and in other regards, as an action at law. It is manifest, that it had very little of the elements of an equitable suit, as it demanded simply a judgment in money, and no case was shown, either in the pleadings ®r evidence, which would warrant a decree by a chancellor. The petition avers, that the plaintiff’s intestate, who was the son of the defendant, bought, in 1853, of one…
2Cases cited2 opinions
- Spalding v. MayhallSupreme Court of Missouri · 1858
- Morrow's Assignees v. BrightSupreme Court of Missouri · 1855
3Cited by3 opinions
- Huse v. AmesSupreme Court of Missouri · 1890
- Bassett v. HenryMissouri Court of Appeals · 1889
- Shaw v. Snyder Independent School Dist.Court of Appeals of Texas · 1933