Legal Opinion

McCormick Harvesting Machine Co. v. Hill

Missouri Court of Appeals

Decided February 16, 1904PublishedCited by 22 opinions

Appeal from Ozark Circuit Court. — Hon. G. W. Thorns-berry, Judge. Defendant’s answer to plaintiff’s statement before the justice of tbe peace, was not a counterclaim, and could not preclude plaintiff from dismissing its suit against defendant. R. S., sec. 605 and sec. 4499; Heman v. McNamara., 77 Mo. App. 1; Zerbe v. Railroad, 80 Mo. App. 414.

1Opinion of the CourtGoode, J.

The plaintiff sold the defendant a wheat binder or harvesting machine for $130, for the purchase price of which defendant gave plaintiff three promissory notes, secured by a chattel mortgage on two horses and two cows. Defendant subsequently made a payment of $42 on the notes and still later delivered the binder to the plaintiff with an understanding which is in dispute. Plaintiff says it was to take the binder and *546credit its value as a second-hand machine on the notes; the defendant says the agent of the plaintiff came to him and demanded the machine, saying he had authority to take 'it;…

2Cases cited45 opinions

  1. Carleton v. StateNebraska Supreme Court · 1895
  2. Smith v. . HallNew York Court of Appeals · 1876
  3. Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
  4. Brower v. NellisIndiana Court of Appeals · 1893
  5. Ter Kuile v. MaralandNew York Supreme Court · 1894

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3Cited by22 opinions

  1. Clark v. DuncansonSupreme Court of Oklahoma · 1920
  2. Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
  3. Zimmerman v. Sunset Lumber Co.Oregon Supreme Court · 1910
  4. Riss Company, Inc. v. WallaceSupreme Court of Missouri · 1943
  5. Friel v. AlewelSupreme Court of Missouri · 1927

17 more not listed; retrieve them via the Exa API.

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