72 Mo. App. 530 | Mo. Ct. App. | 1897
The suit is founded upon a promissory note and originated before a justice of the peace. Appellant filed an answer before the justice, in which it denied each and every allegation contained in plaintiff’s petition, and alleged that the note sued on was given without consideration, and not for value received. The answer further set up a counterclaim and alleged that it had been damaged in the sum of $500, by reason of the failure and refusal of respondent to deliver eight hundred squares of crushed macadam to the defendant, as it had contracted and agreed to do. A trial was had before the justice, resulting in a judgment for the plaintiff, from which an appeal was taken to the circuit court, where upon a trial de novo judgment was again recovered for the plaintiff, from which the defendant appealed to this court.
The appellant by his brief relies upon the following assignments of error for a reversal of the judgment:
First. That the court erred in giving judgment in favor of plaintiff and against defendant.
Second. That the court erred in overruling defendant’s motion for a new trial.
This right was denied the appellant by the learned trial court, for which error the judgment is reversed and' the cause remanded.