Crane v. Murray
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Hon. J. W. Peery, Special Judge. (1) The defendant, Sarah C. Murray, had a cause of action against the plaintiff arising out of a contract between himself and the defendant’s tenant for the sale of the corn, clearly given to her by section 4123, Revised Statutes 1899, upon which she could maintain a separate action against the plaintiff.
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Appeal from Daviess Circuit Court. — Hon. J. W. Peery, Special Judge. (1) The defendant, Sarah C. Murray, had a cause of action against the plaintiff arising out of a contract between himself and the defendant’s tenant for the sale of the corn, clearly given to her by section 4123, Revised Statutes 1899, upon which she could maintain a separate action against the plaintiff. The relation of creditor and debtor was thereby created, and she should have been allowed to prosecute her suit by way of counterclaim. E. S. 1899, sec. 4123; E. S. 1899, sec. 604 and 605; Belcher'v. Batdorff, 98 Mo. App.…
1Opinion of the CourtEllison, J.
Plaintiff obtained before a justice of the peace in an action of forcible entry and detainer, a judgment against defendant Murray for restitution of the premises and for damages and costs. After-wards, defendant Murray appealed-from, that judgment *700to the circuit court of Daviess county and gave an appeal bond signed by himself and the other defendants as her sureties. Afterwards, judgment was rendered by the circuit court in favor of plaintiff for the restitution of the premises and $100 damages and the monthly value of rents and profits amounting to $61.50. This judgment was afterwards…
2Cases cited14 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Haebler v. . MyersNew York Court of Appeals · 1892
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Norden v. JonesWisconsin Supreme Court · 1873
- Green v. ConradSupreme Court of Missouri · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dorrance v. DorranceSupreme Court of Missouri · 1914
- Mathes v. Switzer Lumber Co.Missouri Court of Appeals · 1913
- Conaway v. PepperSuperior Court of Delaware · 1919
- Kellerman Contracting Co. v. Chicago House Wrecking Co.Missouri Court of Appeals · 1909
- Landers v. SchneiderMissouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.