Shepherd v. Padgitt
Missouri Court of Appeals
Appeal from Macon Circuit- Court. — Hon. N. M. Shelton, Judge. (1) Defendant in justice court is not required to plead unless counterclaim is relied on. Sec. 3852, R. S. 1899. (2) A counterclaim is a cause of action and must allege facts which would be legally sufficient to entitle defendant to recover in an action instituted by him against the plaintiff. 19 Am.' and Eng. Ency. Pled, and Prac., 753, 754; McPherson v. Meek, 30 Mo. 345; 22 Am. and Eng. Ency.
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Appeal from Macon Circuit- Court. — Hon. N. M. Shelton, Judge. (1) Defendant in justice court is not required to plead unless counterclaim is relied on. Sec. 3852, R. S. 1899. (2) A counterclaim is a cause of action and must allege facts which would be legally sufficient to entitle defendant to recover in an action instituted by him against the plaintiff. 19 Am.' and Eng. Ency. Pled, and Prac., 753, 754; McPherson v. Meek, 30 Mo. 345; 22 Am. and Eng. Ency. Law (1 Ed.), 371. (3) Partial'failure of the consideration of a note does not constitute a counterclaim. Carpenter v. Meyers, 32 Mo. 213),…
1Opinion of the CourtSmith, P. J.
— This is an action which was begun before a justice of the peace on a promissory note to i*ecover two hundred and forty dollars. The plaintiff recovered a judg*475ment by default before tbe justice. Tbe defendant in due time took an appeal to tbe circuit court, where there was a trial which resulted in judgment- for plaintiff, and defendant appealed here.
At the trial in the circuit court the defendant offered to prove that at the time of the sale and as an inducement to the defendants to make the purchase, the plaintiff represented and stated to him that the sheep for which the note was given…
2Cases cited4 opinions
- Brown v. WeldonMissouri Court of Appeals · 1887
- West v. FreemanMissouri Court of Appeals · 1898
- Stephens v. Koken Barber Supply Co.Missouri Court of Appeals · 1896
- Gantt v. DuffyMissouri Court of Appeals · 1897
3Cited by3 opinions
- Broderick v. AndrewsMissouri Court of Appeals · 1908
- Stark Bros. Nurseries & Orchards v. MayhewMissouri Court of Appeals · 1911
- Beekman Lumber Co. v. Glendale Lumber Co.Missouri Court of Appeals · 1911