Brake v. Corning

Supreme Court of Missouri

Brake v. Corning

19 Mo. 125

CourtSupreme Court of Missouri

DecidedOctober 15, 1853

StatusPublished

Cited by2 cases

This text of 19 Mo. 125 (Brake v. Corning) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brake v. Corning, 19 Mo. 125 (Mo. 1853).

Pincite

Opinion

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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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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Bluebook (online)

19 Mo. 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brake-v-corning-mo-1853.

Opinion

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