State ex rel. Cowan v. Modrell
Supreme Court of Missouri
ERROR to Buchanan Circuit Court. STATEMENT OF THE CASE. This was a civil action brought in the Buchanan circuit court in the month of March, 1850. The petition, in substance, states that the defendants, on the 5th day of December, 1843, made their writing obligatory to the State of Missouri in the sum of eight thousand dollars, which writing obligatory was conditioned that the defendants, John Modrell and James Gilmore, executors appointed by the last will of Robert Modrell,…
Read the full summary
ERROR to Buchanan Circuit Court. STATEMENT OF THE CASE. This was a civil action brought in the Buchanan circuit court in the month of March, 1850. The petition, in substance, states that the defendants, on the 5th day of December, 1843, made their writing obligatory to the State of Missouri in the sum of eight thousand dollars, which writing obligatory was conditioned that the defendants, John Modrell and James Gilmore, executors appointed by the last will of Robert Modrell, deceased, should faithfully execute said will, and faithfully demean themseives as such executors, &c., (in the usual…
1Opinion of the CourtGamble, J.
The action in this case being brought upon the bond of two executors, against the principals and securities, alleging breaches in various acts of misconduct by the principals, the damages to be recovered are not necessarily liquidated, and the action is not, therefore, one in which a set-off is allowed. There must be a debt on the part of the plaintiff, as well as on the part of the defendant, to authorise a set-off. The test given by Chief Justice Kent is, that the indebtedness for which the action is brought, must be such that if the plaintiff were sued by the defendant upon the set-off…
2Cited by8 opinions
- Caldwell v. RyanSupreme Court of Missouri · 1908
- Green v. ConradSupreme Court of Missouri · 1893
- Vastine v. DinanSupreme Court of Missouri · 1868
- State ex rel. Longdon v. ShelbySupreme Court of Missouri · 1882
- May ex rel. Lackland v. KellarMissouri Court of Appeals · 1876
3 more not listed; retrieve them via the Exa API.