Hellmuth v. Benoist
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. “A general traverse under the code authorizes the introduction of no evidence on the part of the defendant except such as tends directly to disprove some fact alleged in the complaint. Whenever a defendant intends to rest his defense upon any fact not included in the allegations necessary to the support of the plaintiff’s case, he must set it out.”
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Appeal from the St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. “A general traverse under the code authorizes the introduction of no evidence on the part of the defendant except such as tends directly to disprove some fact alleged in the complaint. Whenever a defendant intends to rest his defense upon any fact not included in the allegations necessary to the support of the plaintiff’s case, he must set it out.” Bliss on Code PL, sec. 352; Kelerher v. Henderson, 203 Mo. 498; Northrup v. Trust Co., 47 Mo. 435; Guinette v. Ridge, 46 Mo. App. 254; Musser v, Adler, 86 Mo. 445; Higgins…
1Opinion of the CourtCox, J.
Action for services claimed to have been rendered by plaintiff to defendant as an architect, preparing plans for a building. The petition is in three counts. First: On quantum meruit asks judgment for three hundred dollars; second: on quantum meruit for three hundred ninety-two dollars and fifty-seven cents. The third is a separate statement on the two causes declared upon in the first and second counts, and asks judgment for the total sum of six hundred ninety-two dollars and fifty-seven cents. The answer is a general denial. Trial by the court and issues found for defendant, and plaintiff…
2Cases cited3 opinions
- Wilkerson v. FarnhamSupreme Court of Missouri · 1884
- Madison v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- Clemens v. KnoxMissouri Court of Appeals · 1888
3Cited by10 opinions
- First National Bank v. FordWyoming Supreme Court · 1923
- Falvey v. HicksSupreme Court of Missouri · 1926
- Koontz v. City of St. LouisMissouri Court of Appeals · 1936
- Glencoe Ditching Co. v. MartinSupreme Court of Minnesota · 1921
- Campbell v. Evens & Howard Sewer Pipe Co.Missouri Court of Appeals · 1956
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