Bricker v. Stroud Bros.
Missouri Court of Appeals
Appeal from the Barton Circuit Gou/rt. — Hon. D. P. Stratton, Judge. (1) Tfie defendants’ claim of possession under tfie forfeited mortgage was fully met by tfie reply tfiat tfiey field under tfie contract of bailment, made subsequent to tfie forfeiture, commencing as a loan, and continued for fiire; a fact incorporated in refused instruction number 5, asked by plaintiff.
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Appeal from the Barton Circuit Gou/rt. — Hon. D. P. Stratton, Judge. (1) Tfie defendants’ claim of possession under tfie forfeited mortgage was fully met by tfie reply tfiat tfiey field under tfie contract of bailment, made subsequent to tfie forfeiture, commencing as a loan, and continued for fiire; a fact incorporated in refused instruction number 5, asked by plaintiff. The relation of bailor and bailee is the same as that of landlord and tenant; in neither of these peculiar contracts can the bailee or jbenant deny the title under which he holds. It cannot avail as a defense against the…
1Opinion of the CourtGill, J.
— This action was commenced before a justice of the peace, and is for the recovery of two horses. The case was tried on appeal in the circuit ■court, where defendants had a verdict and judgment, and from this plaintiff has appealed.
The facts necessary to be stated are about these: Prior to February 12,1891, Bricker and the defendants ■Stroud were together engaged in the saloon business at Minden, Missouri. On that day Bricker bought out the interest of the Strouds, and on the following fourth •day of April gave his note to them, in settlement, for ■$159.05, due seven days after date; and…
2Cases cited1 opinion
- Sherwood v. NealMissouri Court of Appeals · 1890
3Cited by7 opinions
- Stevens v. United StatesCourt of Appeals for the Eighth Circuit · 1928
- Oehmen v. PortmannMissouri Court of Appeals · 1910
- Robbins v. MartinLouisiana Court of Appeal · 1931
- Loya v. BowenCourt of Appeals of Texas · 1919
- Johnson v. St. Joseph Stock Yards BankMissouri Court of Appeals · 1903
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