Jansen v. Dolan
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) The counterclaim, being a statement in tort for unliquidated damages, cannot be set up herein, as it does not arise out of the contract or transaction set forth in the petition as the foundation of plaintiff’s claim, nor is it connected with the same subject of action. Sec. 1807, R. S. 1909; sec. 7445, R. S. 1909; McCormick Co. v. Hill, 104 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) The counterclaim, being a statement in tort for unliquidated damages, cannot be set up herein, as it does not arise out of the contract or transaction set forth in the petition as the foundation of plaintiff’s claim, nor is it connected with the same subject of action. Sec. 1807, R. S. 1909; sec. 7445, R. S. 1909; McCormick Co. v. Hill, 104 Mo. App. 544. (2) The alleged counterclaim herein is improper for the reason that it includes damages alleged to have accrued subsequent to the filing of the suit, and therefore…
1Opinion of the CourtNortoni, J.
— This is a suit on an account. Defendant interposed a counterclaim. The finding and judgment, besides being for plaintiff! on the account, was for defendant on the counterclaim as well, and from this judgment plaintiff prosecutes the appeal. There is no controversy about the matter of the account sued upon, and the question for decision relates alone to defendant’s right of recovery on the counterclaim interposed by her. It is argued the counterclaim sounds in tort and is, therefore, not a competent matter of consideration, for the reason it does not assert a cause of action arising ont of…
2Cases cited3 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Norden v. JonesWisconsin Supreme Court · 1873
- Starr Cash Car Co. v. ReinhardtNew York Court of Common Pleas · 1892
3Cited by1 opinion
- Stockham v. Leach and FruitsMissouri Court of Appeals · 1922