Bush v. Brandecker
Missouri Court of Appeals
Appeal from Saline Circuit Court. — Hon. L. W. Scott, Judge. (1) Having accepted these checks with the recitals thereon and having indorsed and cashed them, they became defendant’s contract. Gregg v. Land & Mining Co., 97 Mo. Ápp. 49. (2) The court erred in refusing to give instruction to the effect that the jury must find against the defendant on his counterclaim. (3) The court erred in giving instruction numbered 2 on behalf of the defendant.
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Appeal from Saline Circuit Court. — Hon. L. W. Scott, Judge. (1) Having accepted these checks with the recitals thereon and having indorsed and cashed them, they became defendant’s contract. Gregg v. Land & Mining Co., 97 Mo. Ápp. 49. (2) The court erred in refusing to give instruction to the effect that the jury must find against the defendant on his counterclaim. (3) The court erred in giving instruction numbered 2 on behalf of the defendant. Stevenson v. Hancock, 72 M’o. 612; Welch v. Railroad, 20 Mo, App. .163; Frank v. Railroad, 57 Mo, App. 181; Gregg v. Land & Mining Co., 97 Mo. App.…
1Opinion of the CourtEllison, J.
Plaintiff instituted this action to recover money alleged to have been loaned to the defendant at different times, aggregating the sum of $860. Defendant by his answer denied borrowing any money of plaintiff, but alleged that plaintiff owed him a note dated May 13, 1890, for $1,698.95, due in one year from date with ten per cent interest. The plaintiff, by reply, alleged that the note was not a subsisting obligation; that it had been paid by legal services rendered to defendant by plaintiff as a lawyer; which services defendant agreed should be in full discharge of the note. He also pleaded…
2Cases cited2 opinions
- Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Gregg v. Roaring Springs Land & Mining Co.Missouri Court of Appeals · 1902
3Cited by2 opinions
- Owens v. OwensSupreme Court of Missouri · 1941
- Emery Bird Thayer Dry Goods Co. v. J. C. Nichols Co.Supreme Court of Missouri · 1968