Scarritt Estate Co. v. J. F. Schmelzer & Sons Arms Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — lion. J. H. Slover, Judge. (1) The court erred in denying the defendant’s right to prove its counterclaim and set-off by way of defense to the plaintiff’s cause of action. Gen. Stat. 1899, secs. 895, 4488; Lowrey v. Danforth, 95 Mo. App. 441; Trowein v. Calvird, 75 Mo. App. 570; Barber v. Baker, 70 Mo. App. 680; Bobb v. Taylor, 56 Mo. 311; Archer v. Ins. Co., 43 Mo. 434; Skinner v. Smith, 48 Mo.
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Appeal from Jackson Circuit Court. — lion. J. H. Slover, Judge. (1) The court erred in denying the defendant’s right to prove its counterclaim and set-off by way of defense to the plaintiff’s cause of action. Gen. Stat. 1899, secs. 895, 4488; Lowrey v. Danforth, 95 Mo. App. 441; Trowein v. Calvird, 75 Mo. App. 570; Barber v. Baker, 70 Mo. App. 680; Bobb v. Taylor, 56 Mo. 311; Archer v. Ins. Co., 43 Mo. 434; Skinner v. Smith, 48 Mo. App. 91. (2) The assignee of a non-negotiable instrument or chose in action, stands, for the purpose of enforcing a claim, exactly in the shoes of the assignor.…
1Opinion of the CourtBroaddus, P. J.
— The plaintiff sues defendant on an assigned account for one month’s rent for the use of a certain building .in Kansas City, Missouri. The answer admits the indebtedness and sets up as defenses various claims as set-offs and counterclaims. It *409alleges that on or about'the 17th day of February, 1903, it entered into a contract in writing with the Nathan Scarritt estate, which was transferred to and assumed by plaintiff as a part of the assets of said estate, and the performance of which the plaintiff guaranteed and assumed to carry out; that said contract provided for alterations and…
2Cases cited11 opinions
- Baum v. TonkinSupreme Court of Pennsylvania · 1885
- Green v. ConradSupreme Court of Missouri · 1893
- Commercial Union Assurance Co. of London, Ltd. v. MeyerCourt of Appeals of Texas · 1895
- Kennedy v. County of QueensAppellate Division of the Supreme Court of the State of New York · 1900
- McAdow v. RossSupreme Court of Missouri · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
- State Ex Rel. Fletcher v. NaumannSupreme Court of Iowa · 1931
- Thayer-Moore Brokerage Co. v. CampbellMissouri Court of Appeals · 1912
- Scott v. TaylorSupreme Court of Missouri · 1910
- Hoffman v. Hiram Lloyd Building & Construction Co.Missouri Court of Appeals · 1920
3 more not listed; retrieve them via the Exa API.