TaiLexi AI U.S. Case Law

Kent v. Rogers

Kent v. Rogers & Dillon

Kent v. Rogers, 24 Mo. 306 (1857)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Missouri · State Highest Courts
Decided
January 15, 1857
Judges
Ryland, Scott
Citations
24 Mo. 306
Headnotes
1. One of two joint defendants may piead by way of set-off a demand due him from the plaintiff.
Summary
•Appeal from Buchanan Court of Common Pleas. cited Austin v. Feland, 8 Mo. 309 ; Whaley v. Cope, 4 Mo. 238. I. Mutual debts alone are subjects of set-off. A joint debt can not be set off against a separate debt; nor a separate debt against a joint debt. (Einney v. Turner, 10 Mo. 207 ; State, to use of Cowan, v. Modrel, 15 Mo. 421; Gorden v. Bourne, 2 Johns. 155.) The ease of Austin v. Eeland is not in point, and if it were, the later cases overrule it.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Scott

Text extracted by OCR from a scanned original; check the original for exact wording.

Scott, Judge,

delivered the opinion of the court.

The only point in this case is, whether a set-off of a debt due Dillon, one of two joint defendants, can be pleaded against the demand of the plaintiff. The case of Austin v. Feland, 8 Mo. 309 , was decided on the authority of Whaley & Blackwell v. Cope, 4 Mo. 283 . The case of Austin v. Feland, in its circumstances, is exactly like that now under consideration. The justice and great convenience of allowing a set-off under the circumstances are apparent, and the course is sanctioned by the authority of respectable courts. The case of Finney v. Turner, 10 Mo. 208 , does not profess to overrule that of Austin v. Feland, the justice of which commends itself to the sense of every one. If Dillon, the defendant, will use a debt due him individually as a set- off to a demand for which another is jointly liable with him, is any one affected but himself ?

We do not see that the case of the State v. Modrell, 15 Mo. 42 , has any bearing on that now under consideration.

Judge Ryland concurring,

the judgment will be reversed, and the cause remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1869–1870: 11871–1872: 11891–1892: 11895–1896: 11901–1902: 118692026peak 1869 · 1

Relies on it most ⓘ

  1. Mortland v. Holton44 Mo. 58 (1869)
  2. State ex rel. Kendrick v. Hudson86 Mo. App. 501 (1901)
  3. Brodek v. Farnum40 P. 189 (Wash. 1895)
  4. Skinker v. Smith48 Mo. App. 91 (1892)
  5. Wagner v. Stocking22 Ohio St. (N.S.) 297 (1872)

Most recent

  1. State ex rel. Kendrick v. Hudson86 Mo. App. 501 (1901)
  2. Brodek v. Farnum40 P. 189 (Wash. 1895)
  3. Skinker v. Smith48 Mo. App. 91 (1892)
  4. Wagner v. Stocking22 Ohio St. (N.S.) 297 (1872)
  5. Mortland v. Holton44 Mo. 58 (1869)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Austin v. Feland, 8 Mo. 309 (1843) 10
State v. Roberts, 15 Mo. 28 (1851) 10

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list