Hess v. Miles
| Decision Date | 31 October 1879 |
| Parties | HESS, Plaintiff in Error, v. MILES. |
| Court | Missouri Supreme Court |
Error to Franklin Circuit Court.--HON. A. J. SEAY, Judge.
AFFIRMED.
In 1873 plaintiff leased of defendant a farm stocked with milch cows, agreeing to keep the cows in good condition for one year, to ship the milk from them and the calves which they might bear to market, and to divide the proceeds of all sales equally with defendant. Afterwards, to secure the performance of said agreement and the payment of certain notes, plaintiff executed and delivered to defendant a bond in the penal sum of $1,000, and a chattel mortgage upon certain property belonging to plaintiff, conditioned upon the faithful performance of said agreement and the payment of said notes. Plaintiff took possession under the lease and shipped the milk and calves to market, defendant receiving the whole proceeds. At the expiration of the term plaintiff surrendered the premises and removed to a neighboring farm, without coming to a settlement with defendant. Afterwards defendant went upon the premises of plaintiff, in company with a number of men, and took and carried away the property described in the chattel mortgage.
Thereupon, plaintiff filed his petition in the circuit court setting forth the above mentioned facts, alleging a performance, on his part, of the conditions of said bond and chattel mortgage, and alleging that at the time when defendant took possession of his said property, plaintiff was not indebted to him, but on the contrary, defendant was indebted to plaintiff in the sum of $1,176, as shown by an account filed with his petition, that defendant had persistently avoided a settlement or any proper adjustment of their accounts, and praying the court for an account to be taken and for a judgment for whatever sum should be found to be due to plaintiff, and for a return of said property so taken and for other and further relief.
For answer to the petition, defendant set out specifically the terms of the contract between plaintiff and himself, denied any indebtedness on his part to plaintiff, alleged that plaintiff was indebted to him, demed that plaintiff had performed the conditions mentioned in said bond, assigned several breaches specifieally, and alleged that it had been agreed between plaintiff and defendant that the said bond for $1,000 should be liquidated damages; admitted that he had taken possession of the property described in the chattel mortgage, and stated that he sold the same for $375.75, which he placed as a credit on said sum of $1,000, and asked judgment for the balance.
To this answer plaintiff filed replication, denying the breaches alleged, specifically setting forth a performance of said conditions and the payment of the...
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Bevin v. Powell
...when submitted to them, conclusive upon him or upon an appellate court. Page v. Dixon, 59 Mo. 43; Hambright v. Brockman, 59 Mo. 52; Hess v. Miles, 70 Mo. 203. The court may, in such a case, set aside the findings and submit the issues to another jury, as was done in this case; or it may dis......
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Bevin v. Powell
...to them, conclusive upon him or upon an appellate court. Page v. Dixon, 59 Mo. 43; Hambright v. Brockman, 59 Mo. 52; Hess v. Miles, 70 Mo. 203. The court may, in such a case, set aside the findings and submit the issues to another jury, as was done in this case; or it may disregard the find......
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Underwood v. Oregon County
... ... motion. Title v. Kenedy, 71 S.C. 1; Singleton v ... Pacific Railroad, 41 Mo. 465; Hess v. Miles, 70 ... Mo. 203; State ex rel. v. Landon, 265 S.W. 531. (2) ... Appellant's right to recover is founded on Sec. 11640, R ... S. 1919, ... ...
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Underwood v. Oregon County
...which is not responsive should be stricken out on motion. Title v. Kenedy, 71 S.C. 1; Singleton v. Pacific Railroad, 41 Mo. 465; Hess v. Miles, 70 Mo. 203; State ex rel. v. Landon, 265 S.W. 531. (2) Appellant's right to recover is founded on Sec. 11640, R.S. 1919, which is mandatory in its ......