Thompson v. Wineland
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas, Statement of the Case. The plaintiff sued defendant in assumpsit for money received by the defendant as clerk of th® steamboat Henry Bry, of which boat the plaintiff was owner of seven-eighths.
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APPEAL from St. Louis Court of Common Pleas, Statement of the Case. The plaintiff sued defendant in assumpsit for money received by the defendant as clerk of th® steamboat Henry Bry, of which boat the plaintiff was owner of seven-eighths. The defendant pleaded, first, general issue; second, payment; third, set-off — 'and plaintiff replied taking issues. ; The defendant then applied for leave to file a further plea, and filed a plea of a former rev i ivery, as follows: ‘'"By leave of this court, the defendant, for further plea in this behalf, says thatheretofora the plaintiff was principal…
1Opinion of the Court
Napton, J-,
delivered the opinion of the Court.
The action of the Circuit Court in giving the plaintiff the benefit of the verdict upon the general issue, without regard to its finding on the issue presented by the plea of former recovery, must have proceeded on the ground that the plea presented an immaterial issue.
The objections now made to the plea of former recovery are two fold. 'The first class of objections is to the form of the plea, which, as there was no demurrer, cannot now be noticed. The principal objection is, *245that the set-off which the plea recites, was inadmissible in the former…
2Cases cited2 opinions
- Wilder v. CaseNew York Supreme Court · 1837
- Skelding v. WhitneyNew York Supreme Court · 1829
3Cited by2 opinions
- Hull v. LyonSupreme Court of Missouri · 1858
- Mallory v. PattersonMissouri Court of Appeals · 1913