Berthold v. O'Hara
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The court erred in sustaining the demurrer to defendant’s answer.
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Appeal from, St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The court erred in sustaining the demurrer to defendant’s answer. Plaintiff’s causes of action being upon a contract under the second subdivision of section 2050, Revised Statutes, the causes of action pleaded by the defendant were proper counterclaims, and in view of the construction put upon section 2050 by this court, and upon similar sections in other states, the case of Leabo v. Benshaw, 61 Mo. 292, and cases which it followed, were improperly decided, and should be overruled. The case of Jones v. Shaiv, 67 Mo.…
1Opinion of the CourtOaNtt, P. J.
In September, 1888, the respondents, Berthold and Jennings, brought suit against the appellant, Henry O'Hara, in the circuit court, city of *92:St. Louis, upon a petition containing two counts. 'The first count is for lumber sold and delivered by •plaintiffs to defendant at his special instance and request, between the twenty-sixth day of August, 1887, .and the sixteenth day of February, 1888, amounting to $3,647.76. The second count is for a draft or bill ■of exchange for $2,500, accepted by plaintiffs at the request and for the accommodation of defendant, and discounted by him for his benefit,…
2Cases cited12 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Jackson v. HardinSupreme Court of Missouri · 1884
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hickman v. GreenSupreme Court of Missouri · 1894
- Peppers v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Citizens' National Bank v. DonnellSupreme Court of Missouri · 1903
- Long Bros. Grocery Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1908
8 more not listed; retrieve them via the Exa API.