King v. Campbell
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The petition stated tyu distinct causes of action. (2) The defendant’s counterclaim is a separate and distinct cause of action. Mooney v. Kenneth, 19 Mo. 551; McPherson v. Meek, 30 Mo. 345; Haltzbauer v. Heine, 37 Mo. 444; Miller v. Creigler, 83 Mo. 402; Herman v. McNamara, 77 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The petition stated tyu distinct causes of action. (2) The defendant’s counterclaim is a separate and distinct cause of action. Mooney v. Kenneth, 19 Mo. 551; McPherson v. Meek, 30 Mo. 345; Haltzbauer v. Heine, 37 Mo. 444; Miller v. Creigler, 83 Mo. 402; Herman v. McNamara, 77 Mo. App. 7; Barnes v. McMillan, 78 Mo. 269. (3) The only defense interposed to the •second count of plaintiff’s petition was the counterclaim for damages. Plaintiff was therefore entitled to a judgment on this count as a matter of law. This was a…
1Opinion of the CourtEllison, J.
This action is set forth in a petition of two counts, each on a promissory note executed by defendant to plaintiff. The defendant answered by general denial and also set up a counterclaim. The verdict was for defendant on each count of the petition and in his favor for one dollar on his counterclaim. . Plaintiff filed a motion for new trial. Before that motion was passed on by the court he filed a motion for judgment *499non obstante veredicto. Then, before either of the motions were heard, he paid into conrt the one dollar found in defendant’s favor on his counterclaim. The trial conrt overruled…
2Cases cited6 opinions
- Babbitt v. CorbySupreme Court of Kansas · 1874
- Cassell v. Fagin & WebsterSupreme Court of Missouri · 1847
- RoBards v. LambSupreme Court of Missouri · 1882
- Waddingham v. WaddinghamMissouri Court of Appeals · 1887
- State ex rel. Evens & Howard Fire Brick Co v. LubkeMissouri Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rosenblum v. Jacks or Better of America West Inc.Missouri Court of Appeals · 1988
- Winsor v. SchaeferMissouri Court of Appeals · 1931