Empire Transportation Co. v. Boggiano
Supreme Court of Missouri
Appeal from, 8t. Louis Circuit Court. The counter-claim was for unliquidated damages, and arose out of a cause of action, different from that set out in the petition. The provisions relating to counter-claim, must be construed in connection with the statute of set-off still in force. (W. S., 1273; Id. 1016, § 13; Berdell vs. Johnson, 18 Barb.', 559; Yassear vs. Livingston, 3 Kem., 256 ; Xenia Bank vs. Lee, 7 Abb., Pr. (n.
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Appeal from, 8t. Louis Circuit Court. The counter-claim was for unliquidated damages, and arose out of a cause of action, different from that set out in the petition. The provisions relating to counter-claim, must be construed in connection with the statute of set-off still in force. (W. S., 1273; Id. 1016, § 13; Berdell vs. Johnson, 18 Barb.', 559; Yassear vs. Livingston, 3 Kem., 256 ; Xenia Bank vs. Lee, 7 Abb., Pr. (n. Y.,) 372; Johnson vs. Jones, 16 Mo., 494; State to use vs. Modrell, 15 Mo., 421; Mahon vs. Boss, 18 Mo., 121; Pratt vs. Menken, 18 Mo., 158; Brake vs. Corning, 19 Mo., 125.)…
1Opinion of the Court
Adams, J udge,
delivered the opinion of the court.
' This was an action for freight and charges, amounting to three hundred and fifty' three 10-100 dollars, on goods transported by the plaintiff as a common carrier from the City of New York to the City of St. Louis, and delivered to the defendants.
The defendants answered, and by way of counter-claim, set up gross and willful negligence of the plain tiff in the transportation of fruit, that had been delivered to plaintiff, and which plaintiff had agreed to transport and deliver to the defendants at St. Louis, and owing to delay and gross…
2Cited by6 opinions
- Green v. ConradSupreme Court of Missouri · 1893
- Kamerick v. CastlemanMissouri Court of Appeals · 1886
- Dyas v. HansonMissouri Court of Appeals · 1883
- Scarritt Estate Co. v. J. F. Schmelzer & Sons Arms Co.Missouri Court of Appeals · 1905
- Board of President of St. Louis Public School v. Estate of Broadway Savings BankMissouri Court of Appeals · 1882
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