McAdow v. Ross
Supreme Court of Missouri
Appeal from, the Jackson Circuit Court. I. The counter-claim here pleaded, arose “out of the contract or transaction set forth in the petition as the foundation of the plaintiff’s claim,” and was “connected with the subject of the action.” (W. S., 1016, § 23.) The two defenses are inconsistent. The first is a denial of every allegation in the petition necessary to constitute a cause of action. The second is a confession and avoidance.
Read the full summary
Appeal from, the Jackson Circuit Court. I. The counter-claim here pleaded, arose “out of the contract or transaction set forth in the petition as the foundation of the plaintiff’s claim,” and was “connected with the subject of the action.” (W. S., 1016, § 23.) The two defenses are inconsistent. The first is a denial of every allegation in the petition necessary to constitute a cause of action. The second is a confession and avoidance. (Adams vs. Trigg, 37 Mo., Ill; Fugate vs. Pierce, 19 Mo., 441.) The counter-claim was properly stricken out. 1st. There was no mutuality of indebtedness between…
1Opinion of the CourtVories, Judge
This action was brought to enforce a mechanic’s lien.
The petition charges, that the defendant Boss is indebted to plaintiff in the sum of $79.32, for materials furnished by plaintiff to said Boss, the particulars of which are filed : that said materials were furnished for a house erected under a contract with said Boss, (describing the house and lot on which it is situate); that said Boss was the contractor of defendant Smallwood for the erection of said house, for which the materials were furnished, and that said Smallwood was the OAvner and proprietor of said house and lot; that the…
2Cases cited4 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Fugate v. PierceSupreme Court of Missouri · 1872
- Jones v. MooreSupreme Court of Missouri · 1868
- Spencer v. BabcockNew York Supreme Court · 1856
3Cited by16 opinions
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Caldwell v. RyanSupreme Court of Missouri · 1908
- Ritchie v. HaywardSupreme Court of Missouri · 1880
- Emery v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1883
- Kamerick v. CastlemanMissouri Court of Appeals · 1886
11 more not listed; retrieve them via the Exa API.