Baker v. Brown
Supreme Court of Missouri
ERROR to Lewis Circuit Court. That the Court erred in sustaining the demurrer — the plea of set off being an equitable defence, and the party to the suit beneficially interested, being indebted to the defendant, thd defence may be made. 13 Johns. Rep. 9; 8 ib. 152; 3 Johns. Cas. 425, 263; 1 do. 51; 8 Pick. 342; 5 ib. 167; 16 Mass. Rép. 473. That the opinion of the Circuit Court was correct: 1st. Because the matter in said plea contained, was notwell pleaded. 2d.
Read the full summary
ERROR to Lewis Circuit Court. That the Court erred in sustaining the demurrer — the plea of set off being an equitable defence, and the party to the suit beneficially interested, being indebted to the defendant, thd defence may be made. 13 Johns. Rep. 9; 8 ib. 152; 3 Johns. Cas. 425, 263; 1 do. 51; 8 Pick. 342; 5 ib. 167; 16 Mass. Rép. 473. That the opinion of the Circuit Court was correct: 1st. Because the matter in said plea contained, was notwell pleaded. 2d. Because the matter attempted to be pleaded was not a bar to the plaintiff’s action. Rev. C. 1845, p. 190, §3; 4 Mo. R. 450; 7 Mo. R.…
1Opinion of the CourtMcBride, J.
On the 21st November, 1842, John Baker executed his note for $58 52, to Asher B. Owsley,^payable twelve months after date, for value received, without defalcation, bearing ten per' cent, interest from date. On the back of said note is the endorsement, “for vhlue received I assign the within note to Samuel Brown. Nov. 19, 1843. A. B. Owsley.”
An action of petition in debt was instituted on the note, in the name of *397Brown, the assignee, for the use and benefit-of Jona Franklin, against the obligor.
At the May term of the Lewis Circuit Court, 1846, the defendant Brown appeared, and filed two pleas…
2Cited by4 opinions
- Cutler v. CookSupreme Court of Missouri · 1883
- Fricke v. W. E. Fuetterer Battery & Supplies Co.Missouri Court of Appeals · 1926
- J. B. Colt Co. v. KoehnSupreme Court of Oklahoma · 1927
- Martindale v. HudsonSupreme Court of Missouri · 1857