Hay v. Short
Supreme Court of Missouri
Error to Sixth District Court. Where the amount proved on the counter-claim exceeds the sum found due plaintiff, the court may give defendant judgment for the balance. (Gen. Stat. 1865, ch. 171, § 2; id. ch. 165, §§ 12, 18 ; Nelson v. Johnson, 25 Mo. 430 et seq.; House v. Marshall, 18 Mo. 368-74; Grand Lodge v. Knox, 20 Mo. 433 ; Ogden v. Coddington, 2 E. D. Smith, 317, 323 ; 1 Van Santv.
Read the full summary
Error to Sixth District Court. Where the amount proved on the counter-claim exceeds the sum found due plaintiff, the court may give defendant judgment for the balance. (Gen. Stat. 1865, ch. 171, § 2; id. ch. 165, §§ 12, 18 ; Nelson v. Johnson, 25 Mo. 430 et seq.; House v. Marshall, 18 Mo. 368-74; Grand Lodge v. Knox, 20 Mo. 433 ; Ogden v. Coddington, 2 E. D. Smith, 317, 323 ; 1 Van Santv. PI. 545, 569.) Counter-claims embrace both set-offs and recoupments, as they were understood 'prior to the code. (Pattison v. Richards, 22 Barb. 146 ; Ramsey v. Smith, 6 How. Pr. 420 ; 9 Van Santv. PI. 545.)…
1Opinion of the CourtBliss, Judge
This was an action for rents, the value of one-third of a crop of corn raised upon shares, and was tried upon a counter-claim for damages suffered by defendant from failure on the part of the plaintiff to keep up his fence as he had agreed. Defendant obtained judgment for $21, which was recovered in the District Court.
It appears that plaintiff, by a verbal demise, leased to defendant six acres of land in a- field of sixty acres at a rent of one-third of the crop. A portion of the remaining part of the field was leased to another, but most of it was retained by the plaintiff. Adjoining the…
2Cases cited6 opinions
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Pattison v. RichardsNew York Supreme Court · 1856
- Jones v. MooreSupreme Court of Missouri · 1868
- House v. MarshallSupreme Court of Missouri · 1853
- Tarwater v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brown v. WeldonMissouri Court of Appeals · 1887
- Turner v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1886
- Heman v. McNamaraMissouri Court of Appeals · 1898
- Tacoma Mill Co. v. PerryWashington Supreme Court · 1903
- Stone v. WendoverMissouri Court of Appeals · 1876
3 more not listed; retrieve them via the Exa API.