Dwyer v. Rohan
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. W. B. Douglas, Judge. (1) The new matter pleaded as a defense in the first count in the answer is not, within the meaning of section 2050, Revised Statutes 1889, “a cause of action arising out of a contract or transaction set forth in the petition as the foundation of plaintiff’s claim.” And the court erred in not sustaining motion to strike it out.
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Appeal from St. Louis City Circuit Court.— Hon. W. B. Douglas, Judge. (1) The new matter pleaded as a defense in the first count in the answer is not, within the meaning of section 2050, Revised Statutes 1889, “a cause of action arising out of a contract or transaction set forth in the petition as the foundation of plaintiff’s claim.” And the court erred in not sustaining motion to strike it out. Owen, v. McKinsey, 133 Mo. 334; Allen v. Dermott, 80 Mo. 65; Barnes v. MeMullins, 78 Mo. 260; Wilkinson v. Farnham, 82 Mo. 672; G-natt v. Duff, 71 Mo. App. 93. (2) After such conveyance defendant had…
1Opinion of the CourtGoode, J.
James J. Rohan, respondent, borrowed $1,250 from the Rice-Dwyer Real Estate Company, September 14, 1899, giving a note therefor secured by a deed of trust on two lots in the city of St. Louis, one in Brantner place, the other oh Grand avenue opposite the fair grounds.
Said real estate company was a co-partnership composed of James and Thomas Rice and Walter P. Dwyer.
These lots had. been owned by the respondent’s father who had given a deed of trust on them, and default being made in the payment of the debt secured thereby, the deed of trust was foreclosed and respondent became the purchaser of…
2Cases cited18 opinions
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- O'Brien v. WetherellSupreme Court of Kansas · 1875
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