Essington v. Parish

KERNER, Circuit Judge.

Plaintiff sued Parish and others to recover damages alleged to have been suffered by Missouri-Kansas Pipe Line Company (hereinafter called Mo-Kan) through various acts of negligence, fraud and mismanagement of Mo-Kan by Frank P. Parish, Ralph B. Mayo, Ralph G. Crandall and others. Parish filed an answer and a counterclaim. By the counterclaim he sought to enjoin the prosecution of plaintiff’s suit. He set up three affirmative defenses: (1) that there had been an executed accord and satisfaction between plaintiff and defendant with respect to the subject matter sued upon;…