Brake v. Corning

Supreme Court of Missouri

Decided October 15, 1853

Supreme Court of Missouri · decided 1853-10-15

<p>X. Johnson v. Jones, 16 Mo. Rep. 494, affirmed.</p>

Cited by 2 later decisions — most recently October 1877

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-10-15

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Gamble, Judge,

¶1delivered the opinion of the court.

¶21. 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.

¶3The judgment of the Court of Common Pleas is, with, the concurrence of the other judges, affirmed.