Gemmell v. Hueben
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The instruction given by the court of his own motion is erroneous. First. In holding that Hueben’s $1,200 judgment against the company became a proper offset, if it grew out of the refrigerator contract; whereas it must “have grown out of the note transaction itself” before it attaches to the assigned note under any circumstances. It is then an equity, which a set-off is not. Tiedeman on Com.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The instruction given by the court of his own motion is erroneous. First. In holding that Hueben’s $1,200 judgment against the company became a proper offset, if it grew out of the refrigerator contract; whereas it must “have grown out of the note transaction itself” before it attaches to the assigned note under any circumstances. It is then an equity, which a set-off is not. Tiedeman on Com. Paper, sec. 295; Story on Prom. Notes [4 Ed.], sec. 178; Gullett v. Hoy, 15 Mo. 399; Cutler v. Cook, 77 Mo. 390; Knaus v. Givens,…
1Opinion of the CourtSmith, P. J.
The defendant executed three negotiable promissory notes for $100 each to the Winkler Machine Manufacturing Company, a corporation. After the maturity of the notes the payee therein transferred them by its indorsement thereon to Campbell, who later on transferred them by his indorsement to. the plaintiff. The plaintiff, the last indorsee, brought this suit against the defendant, the maker.
The answer of the defendant was to the effect that on the thirtieth day of January, 1896, defendant obtained a'judgment against the Winkler Machine Manufacturing Company, the payee in said note, in the…
2Cases cited22 opinions
- Allen v. LoganSupreme Court of Missouri · 1888
- Wendover v. BakerSupreme Court of Missouri · 1894
- Richardson v. PittsSupreme Court of Missouri · 1879
- Stivers v. HorneSupreme Court of Missouri · 1876
- Fulkerson v. DavenportSupreme Court of Missouri · 1879
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3Cited by3 opinions
- Caldwell v. StevensSupreme Court of Oklahoma · 1917
- Williams v. BakerMissouri Court of Appeals · 1903
- Wabash Railroad v. BowringMissouri Court of Appeals · 1903