State ex rel. Christy v. Donegan
Supreme Court of Missouri
Appeal from St'. Louis City Circuit Court. — Hon. G-eo. W. Ltibke, Judge. (1) The defendant ought to have been allowed an equitable setoff against the interest of the relatrix in the judgment to the extent of the $1,242.98, which the relatrix owed to Ryan, the surviving partner, and for which the relatrix gave her receipt to him. The third ■and fourth instructions asked by defendant ought to have been given. Barnes v. MeMillins, 78 Mo. 271, and cases cited ; 1 Pomeroy’s Eq.
Read the full summary
Appeal from St'. Louis City Circuit Court. — Hon. G-eo. W. Ltibke, Judge. (1) The defendant ought to have been allowed an equitable setoff against the interest of the relatrix in the judgment to the extent of the $1,242.98, which the relatrix owed to Ryan, the surviving partner, and for which the relatrix gave her receipt to him. The third ■and fourth instructions asked by defendant ought to have been given. Barnes v. MeMillins, 78 Mo. 271, and cases cited ; 1 Pomeroy’s Eq. Jur., sec. 175, p. 160; Paris v. Haley, 61 Mo. 462. (2) [a\ The defendant was erroneously charged with interest from the…
1Opinion of the CourtNokton, C. J.
This cause has once before been before this court, and is reported in 83 Mo. 374, when an opinion was rendered affirming the judgment of the court of appeals (12 Mo. App. 190), reversing the judgment of the' circuit court, and remanding the cause for -retrial. On the second trial, plaintiff obtained judgment for the sum of $15,178.29, from which the defendant has appealed.
The record now before us, while it varies somewhat from the record when the cause was here before, shows that the trial was proceeded with, generally, in conformity with the theory indicated in the opinion of the court of…
2Cases cited3 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- State ex rel. Christy v. DoneganMissouri Court of Appeals · 1882
- State ex rel. Christy v. DoneganSupreme Court of Missouri · 1884
3Cited by4 opinions
- Huse v. AmesSupreme Court of Missouri · 1890
- Baker v. J. W. McMurry Contracting Co.Supreme Court of Missouri · 1920
- McElvain v. GarrettMissouri Court of Appeals · 1900
- Russell v. CassidyMissouri Court of Appeals · 1907