Clark v. King
Missouri Court of Appeals
Appeal from Greene County Circuit Court.- — Ron. Guy D. Kirby, Judge. The answer in this case is insufficient because it goes no further than to say that the claim is founded on a gambling transaction.
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Appeal from Greene County Circuit Court.- — Ron. Guy D. Kirby, Judge. The answer in this case is insufficient because it goes no further than to say that the claim is founded on a gambling transaction. "When the defendants seek to avoid the payment of the claim by charging that it is based on a gambling transaction, the burden is on them to prove the charge and such proof is not admissible unless the acts claimed by the defense to be gambling are set out in their answer in detail and definitely described; they must fix the time and place and give the names of parties engaged in such game and…
1Opinion of the CourtFarrington, J.
Suit on account stated. Judgment for defendants. Plaintiff appealed.
The petition is as follows:
“Plaintiff for his cause of action states that on the 2nd day of February, 1913, an account was stated between plaintiff and defendants, and upon such statement it was found and agreed by and between plaintiff and defendants that there was due from defendants to *384plaintiff a balance of $752.50, which said balance defendants then and there promised to pay; bnt the same has not been paid nor any part thereof. Wherefore, plaintiff prays judgment against defendants for the ■said sum of $752.50 and…
2Cases cited15 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- Hall v. McConeyMissouri Court of Appeals · 1910
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