Austin v. Feland
Supreme Court of Missouri
ERROR to the Randolph Circuit Court. The plaintiff insists that the plea of set-off is bad, and that upon the demurrer the judgment should have been for him. The plea avers that one of the notes on Wear, the assignor, to plaintiff, of the note sued on, was to be paid in notes and accounts. — 5 Mon., 83. The plea does not show that the demand offered to be off-set was due and owing to Wear before and at the trial of the assignment of this note to plaintiff.
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ERROR to the Randolph Circuit Court. The plaintiff insists that the plea of set-off is bad, and that upon the demurrer the judgment should have been for him. The plea avers that one of the notes on Wear, the assignor, to plaintiff, of the note sued on, was to be paid in notes and accounts. — 5 Mon., 83. The plea does not show that the demand offered to be off-set was due and owing to Wear before and at the trial of the assignment of this note to plaintiff. The Circuit Court ought to have given the instruction of plaintiff, and it ought not to have given the instruction of defendants. — 4 Mo.…
1Opinion of the CourtScott, Judge
This was an action, commenced by petition in debt, on a note executed by the defendants, and made payable to William Wear, and by him assigned to the plaintiff, Austin.
The defendants pleaded jointly nil debit; J. H. Graves and Robert Graves pleaded, by way of set-off, that William Wear, the assignor of the plaintiff, was, before and at the commencement of the suit, indebted to J. H. Graves, one of the defendants, by note, in the sum of seventy-five dollars; and that the said William Wear was indebted to Robert Graves, another of the said defendants, in the sum of one hundred and seventy-seven…
2Cases cited1 opinion
- Meagher v. BachelderMassachusetts Supreme Judicial Court · 1810
3Cited by10 opinions
- Whittier v. VisscherCalifornia Supreme Court · 1922
- Piotrowski v. CzerwinskiWisconsin Supreme Court · 1909
- Mortland v. HoltonSupreme Court of Missouri · 1869
- Kent v. RogersSupreme Court of Missouri · 1857
- Ruddle v. HorineMissouri Court of Appeals · 1889
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