J & M Securities, LLC v. Nikki M. Kennedy (2021)

Citation: J & M Securities, LLC v. Nikki M. Kennedy (2021)
Parent Document: J & M Securities, LLC v. Nikki M. Kennedy (2021)
Jurisdiction: Missouri (state)
Effective Date: 2021-12-28
Original Source: https://www.courtlistener.com/opinion/5312476/j-m-securities-llc-v-nikki-m-kennedy/ ↗

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3
  We note that in several places in its brief, counsel for J&M stated that the circuit court “dismissed” its claim
against Kennedy. However, that was not the case, as the circuit never dismissed J&M’s claim against Kennedy; in
fact, as discussed above, the circuit court found in favor of J&M on its claim against Kennedy, but also found in
favor of Kennedy on her counterclaim against J&M for set-off, and ultimately awarded a judgment of $192.00 in
favor of Kennedy because that was the amount her claim exceeded J&M’s claim against her. Although we do not
believe that counsel for J&M intended any misrepresentation, we nonetheless encourage counsel for J&M to choose
their words more carefully in any future briefing to this Court.
4
 As further discussed below, we note that J&M did not actually hold the $1,005.00 at issue; rather, Century actually
held this amount. Therefore, even though Kennedy could use this fact defensively against J&M’s contract claim
against her, she could not use it offensively to obtain a judgment against J&M for the excess.

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