Laughlin v. City of Joplin
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Joseph D. Perkins, Judge. (1) This case originated in the justice court, and the defendant made no answer in the justice court or the circuit court. Therefore the pleadings in this ca.se a.re as though a general denial had been filed. Barr v. Teke, 147 Mo. App. 256. (2) Accord and satisfaction is an affirmative defense and must be pleaded in order to be available as a defense. Trimble v. Railroad, 199 Mo. 44; Bank v. Stewart, 136 Mo.
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Appeal from Jasper Circuit Court. — Hon. Joseph D. Perkins, Judge. (1) This case originated in the justice court, and the defendant made no answer in the justice court or the circuit court. Therefore the pleadings in this ca.se a.re as though a general denial had been filed. Barr v. Teke, 147 Mo. App. 256. (2) Accord and satisfaction is an affirmative defense and must be pleaded in order to be available as a defense. Trimble v. Railroad, 199 Mo. 44; Bank v. Stewart, 136 Mo. App. 34. (3) “Where a contract is ambiguous, the meaning given it by the parties to the contract is entitled to great…
1Opinion of the CourtNixon, P. J.
This action was commenced before a justice of the peace of the city of Joplin, and the questions involved arise over the interpretation of an ordinance of said city. Plaintiff for a number of years was a member of the police force of the city of Joplin, and prior to the passage of the ordinance in question received $60 per month for his services.
The ordinance in question, which was approved on April 10, 1907, changed the compensation of members of the police force, and is, so far as material, as follows:
“Section 1. The policemen of the city of Joplin, Missouri, shall receive as compensation…
2Cases cited4 opinions
- Jones v. RushSupreme Court of Missouri · 1900
- Meissner v. Standard Railway Equipment Co.Supreme Court of Missouri · 1908
- Schmidt v. RozierMissouri Court of Appeals · 1906
- Ransberger v. IngMissouri Court of Appeals · 1894
3Cited by4 opinions
- Grapette Company v. Grapette Bottling CompanyMissouri Court of Appeals · 1956
- Webb-Kunze Construction Co. v. Gilsonite Construction Co.Supreme Court of Missouri · 1920
- John Deere Plow Co. v. CooperMissouri Court of Appeals · 1936
- Holland Land & Loan Co. v. HollandSupreme Court of Missouri · 1927