Forster Vinegar Co. v. Guggemos

Missouri Court of Appeals

Forster Vinegar Co. v. Guggemos

24 Mo. App. 444, 1887 Mo. App. LEXIS 213

DecidedFebruary 1, 1887

StatusPublished

This text of 24 Mo. App. 444 (Forster Vinegar Co. v. Guggemos) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Forster Vinegar Co. v. Guggemos, 24 Mo. App. 444, 1887 Mo. App. LEXIS 213 (Mo. Ct. App. 1887).

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Opinion

Thompson, J.,

delivered the opinion of the court.

This was an action on an account for goods sold and ■delivered. The answer admits the purchase of the goods .at the price stated in the petition, sets up by way of counter-claim that the defendant has been damaged in the sum ■of ten thousand dollars, by reason of the goods not being ■of the quality represented, and asks judgment against the plaintiff for this sum. At the trial in the circuit ■court, the plaintiff hada verdict and judgment against the defendant on the plaintiff’s cause of action, and •also on the defendant’s counter-claim. The whole controversy was upon the counter-claim. In respect ■of that, the defendant stood before the court in the substantial attitude of plaintiff, and appeals from the judgment against him in respect of- his whole claim. 'The amount in controversy, being, then, ten thousand dollars, we have no jurisdiction of the appeal, and it is -ordered that the case, be transferred to the supreme ■court.

All the judges concur.

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Thompson, J.,

delivered the opinion of the court.

This was an action on an account for goods sold and ■delivered. The answer admits the purchase of the goods .at the price stated in the petition, sets up by way of counter-claim that the defendant has been damaged in the sum ■of ten thousand dollars, by reason of the goods not being ■of the quality represented, and asks judgment against the plaintiff for this sum. At the trial in the circuit ■court, the plaintiff hada verdict and judgment against the defendant on the plaintiff’s cause of action, and •also on the defendant’s counter-claim. The whole controversy was upon the counter-claim. In respect ■of that, the defendant stood before the court in the substantial attitude of plaintiff, and appeals from the judgment against him in respect of- his whole claim. 'The amount in controversy, being, then, ten thousand dollars, we have no jurisdiction of the appeal, and it is -ordered that the case, be transferred to the supreme ■court.

All the judges concur.

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Bluebook (online)

24 Mo. App. 444, 1887 Mo. App. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forster-vinegar-co-v-guggemos-moctapp-1887.