Legal Opinion

Baker v. Brown

Supreme Court of Missouri

Decided January 15, 1847PublishedCited by 4 opinions

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.

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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

  1. Cutler v. CookSupreme Court of Missouri · 1883
  2. Fricke v. W. E. Fuetterer Battery & Supplies Co.Missouri Court of Appeals · 1926
  3. J. B. Colt Co. v. KoehnSupreme Court of Oklahoma · 1927
  4. Martindale v. HudsonSupreme Court of Missouri · 1857

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