Mineral Belt Bank v. Elking Lead & Zinc Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. Two.—Hon. David E: Blair, Judge. (1) Under a general denial the defendant may substantially maintain a special defense in disproving the contract asserted against him, by proving that the contract was materially different from the one asserted against him; also that there was no such contract as alleged in the petition. • Ass’n v. Obert, 169 Mo. 507; Johnson v. Woodman, 119 Mo. App. 98; Clemmens v. Knox, 31 Mo.
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Appeal from Jasper County Circuit Court, Division No. Two.—Hon. David E: Blair, Judge. (1) Under a general denial the defendant may substantially maintain a special defense in disproving the contract asserted against him, by proving that the contract was materially different from the one asserted against him; also that there was no such contract as alleged in the petition. • Ass’n v. Obert, 169 Mo. 507; Johnson v. Woodman, 119 Mo. App. 98; Clemmens v. Knox, 31 Mo. App. 185; Wilkerson v. Farnham, 82 Mo. 672. (2) Plaintiff cannot for the first time urge that the answer was not verified by…
1Opinion of the CourtFarrington, J.
—Suit on note and attachment in aid thereof. Judgment for plaintiff sustaining attachment and judgment for plaintiff on the merits.
Plaintiff, a banking corporation of Webb City, filed its petition on May 28, 1909, in two counts, the second count being voluntarily dismissed ,and the •cause was tried on the first count. . The following excerpt from the petition is sufficient to show plaintiff’s charge and prayer:
“Plaintiff further states that on February 11, 1908, the defendant company borrowed from the plaintiff the sum of three thousand dollars, for which the defendant, by its president…
Also in this document: Concurrence.
2Cases cited22 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- Liese v. MeyerSupreme Court of Missouri · 1898
- North St. Louis Building & Loan Ass'n v. ObertSupreme Court of Missouri · 1902
- Parker v. RodesSupreme Court of Missouri · 1883
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3Cited by6 opinions
- Burk v. WaltonSupreme Court of Missouri · 1935
- Mannisto v. Rainen Furniture Co.Missouri Court of Appeals · 1956
- Hawthorne v. Austin Organ Co.Court of Appeals for the Fourth Circuit · 1934
- Barton v. Farmers' State Bank of BertramCourt of Appeals of Texas · 1924
- St. Louis Union Trust Co. v. Oregon Annual Conference of the Methodist Episcopal ChurchDistrict Court, D. Oregon · 1935
1 more not listed; retrieve them via the Exa API.