Finnell v. Million
Missouri Court of Appeals
Appeal from Atchison Circuit Court. — No». Gallatin Craig, Judge. (1) The court erred in giving defendant’s instructions 1, 2, 4 and 8 oh the subject of sufficiency of delivery. Elliott v. Keith, .32 Mo. App. 119; Criley v. Vasel, 52 Mo. 445; State ex rel. v. Casteel, 51 Mo. App. 143; Scully v. Albers, 89 Mo. App. 118. The bill of sale was confirmatory evidence of delivery. Knoche v. Perry, 90 Mo.
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Appeal from Atchison Circuit Court. — No». Gallatin Craig, Judge. (1) The court erred in giving defendant’s instructions 1, 2, 4 and 8 oh the subject of sufficiency of delivery. Elliott v. Keith, .32 Mo. App. 119; Criley v. Vasel, 52 Mo. 445; State ex rel. v. Casteel, 51 Mo. App. 143; Scully v. Albers, 89 Mo. App. 118. The bill of sale was confirmatory evidence of delivery. Knoche v. Perry, 90 Mo. App. 487. (2) The court erred in submitting to the jury any question as the sufficiency of delivery of possession of the property. No such defense was set up in the answer. The instructions inject a…
1Opinion of the CourtBroaddtjs, J.
This is a replevin suit begun on the 7th day of January, 1902, for the recovery of fifty-five tons of hay, about one hundred head of hogs, one corn binder and one hay loader, all of the alleged value of $920.
The defense is, that the defendant levied upon and held the said property under and by virtue of a certain execution issued out of the office of the clerk of the circuit court of said county on October 30, 1901, upon a judgment in favor of one Floyd J. Sullivan against one William Finnell for $2,073.77, rendered September 24, 1901; that plaintiff was not the owner of said property at the…
2Cases cited2 opinions
- Hyde & Everit v. CooksonNew York Supreme Court · 1855
- Clement v. DuffySupreme Court of Iowa · 1880
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