Supreme Court of Missouri, 1853

Brake v. Corning

Supreme Court of Missouri · Decided October 15, 1853 · Gamble

19 Mo. 125

Cases that cite this one

1 later published case cites this decision.

May ex rel. Lackland v. Kellar (Mo. Ct. App. 1876)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gamble, Judge,

delivered the opinion of the court.

1. The answer of the defendant, which was stricken out by the Common Pleas, merely presented a claim upon the plaintiffs in favor of the defendant, for alleged negligence in a matter in which they acted as the agents of the defendant. There is no connection between the claim thus set up and the note or the consideration of the note sued on by the plaintiffs. It is an independent set-off of unliquidated damages, which is not to be allowed. Cowan v. Modrell, 15 Mo. Rep. 424. Johnson v. Jones, 16 Mo. Rep. 494.

The judgment of the Court of Common Pleas is, with, the concurrence of the other judges, affirmed.

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