Miller v. Crigler
Missouri Court of Appeals
A.ppeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) In a suit on a promissory note, or contract, damages arising out of tort can' not be set np as a counterclaim. Gant v. Duffy, 71 Mo. App. 91; R. S. 1899, sec. 2050. (2) The answer is not in equity and does not ask for a rescission of the contract. It alleges the contract void because of fraudulent representations.
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A.ppeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) In a suit on a promissory note, or contract, damages arising out of tort can' not be set np as a counterclaim. Gant v. Duffy, 71 Mo. App. 91; R. S. 1899, sec. 2050. (2) The answer is not in equity and does not ask for a rescission of the contract. It alleges the contract void because of fraudulent representations. It alleges that the defendant rescinded the contract in January, 1898, after the $492.50 had passed in third parties’ hands. We insist there was no rescission, but only an offer to return what he had…
1Opinion of the CourtBond, J.
Action by the payee against the maker of a note for $306.25, dated thirtieth of November, 1897, due one day thereafter. The defenses relied upon, are, first, that the note was a part of the consideration of a contract (executed by the principal, J. D. Worley, for whom it is alleged plaintiff acted as agent), which contract conveyed to defendant and B. A. Powell, jointly, the right to sell, in a particular territory, churns made under a patent issued to *399tbe grantor, and wbicb it is averred was obtained upon fraudulent representations, and on that account was rescinded. Tbe answer next sets up…
2Cases cited11 opinions
- Parker v. MarquisSupreme Court of Missouri · 1876
- Melton v. SmithSupreme Court of Missouri · 1877
- Pulliam v. BurlingameSupreme Court of Missouri · 1883
- Spooner v. RossMissouri Court of Appeals · 1887
- Robinson v. SipleSupreme Court of Missouri · 1895
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3Cited by6 opinions
- Seay v. SandersMissouri Court of Appeals · 1901
- Yoakum v. DavisMissouri Court of Appeals · 1912
- Gilliam v. LoebMissouri Court of Appeals · 1908
- Howard v. HaasMissouri Court of Appeals · 1908
- York Mfg. Co. v. RothwellCourt of Appeals for the Sixth Circuit · 1902
1 more not listed; retrieve them via the Exa API.