Bogie v. Nolan
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — TIon. J. P. Strother, Judge. (1) Whatever defense a defendant intends relying on, he must set out in his answer. Kersey v. Carton, 77 Mo. 645 ; Korthrup v. Mississippi, 47 Mo. 435 ; Bliss on Code Pleading, sec. 352. The court, therefore, committed error in refusing to give instructions numbered six, seven, eight, nine and ten, as asked by plaintiff. (2) The court also erred in giving instruction number one for defendant.
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Appeal from Lafayette Circuit Court. — TIon. J. P. Strother, Judge. (1) Whatever defense a defendant intends relying on, he must set out in his answer. Kersey v. Carton, 77 Mo. 645 ; Korthrup v. Mississippi, 47 Mo. 435 ; Bliss on Code Pleading, sec. 352. The court, therefore, committed error in refusing to give instructions numbered six, seven, eight, nine and ten, as asked by plaintiff. (2) The court also erred in giving instruction number one for defendant. The instruction is erroneous in placing on plaintiff the burden of proving the consideration of the notes, and that the decedent signed…
1Opinion of the CourtBkace, J.
In February, 1883, Mrs. Mary or May Bowling died in Kansas City possessed of real estate and personal property of the value of about twenty-five thousand dollars. The plaintiff, a practicing physician in that city, for several years prior and up to her death was her regular physician and medical attendant. Soon after her death the defendant, who was public administrator of Jackson county, took charge of her estate for administration, and thereafter, at the May term, 1883, of the probate court of said county, the plaintiff presented to said court, and procured to be allowed as demands against…
2Cases cited13 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Cadwallader v. WestSupreme Court of Missouri · 1871
- Garvin's Administrator v. WilliamsSupreme Court of Missouri · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Pulitzer v. ChapmanSupreme Court of Missouri · 1935
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Span v. Jackson-Walker Coal & Mining Co.Supreme Court of Missouri · 1929
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- Black v. EpsteinSupreme Court of Missouri · 1909
24 more not listed; retrieve them via the Exa API.