Mortland v. Holton
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The facts sufficiently appear in the opinion of the court. I. Plaintiff can not sue on one cause of action, and, when a counter claim or set-off is pleaded, set up another cause of action in his reply as a set-off or counter claim to the matter pleaded by defendant as such.
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Appeal from St. Louis Circuit Court. The facts sufficiently appear in the opinion of the court. I. Plaintiff can not sue on one cause of action, and, when a counter claim or set-off is pleaded, set up another cause of action in his reply as a set-off or counter claim to the matter pleaded by defendant as such. Section 8, Gen. Stat. 1865, p. 658, prescribes what the petition shall contain, ending as follows: “If the recovery of money be demanded, the amount thereof shall be stated, or such facts as will enable the defendant and the court to ascertain the amount demanded.” The answer contains…
1Opinion of the CourtBliss, Judge
The defendants, by written contract executed jointly, chartered the steamboat “Adelia” for a trip from the port of St. Louis, as charged in the petition, to Keokuk and return, at sixty dollars per day; and the petition alleges that it remained so chartered for thirty-five days, and asks for a judgment of $2,100 and interest. Defendants answered that Holton was surety for Capelle, and set up various offsets by way of counter claim, amounting in all to more than the plaintiff’s demand. Most of these counter claims were individual demands against the plaintiff by defendant Capelle, and were so…
2Cases cited3 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Austin v. FelandSupreme Court of Missouri · 1843
- Kent v. RogersSupreme Court of Missouri · 1857
3Cited by11 opinions
- Payne v. PayneMissouri Court of Appeals · 1985
- Case v. FoggSupreme Court of Missouri · 1870
- State ex rel. Kendrick v. HudsonMissouri Court of Appeals · 1901
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
- Ruddle v. HorineMissouri Court of Appeals · 1889
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