O'Donoghue v. Corby
Supreme Court of Missouri
•Appeal from Buchanan Court of Common Pleas. This was an action in the nature of trover, for the conversion of a paper, upon which was an account against the Hannibal and St. Joseph Railroad company.
Read the full summary
•Appeal from Buchanan Court of Common Pleas. This was an action in the nature of trover, for the conversion of a paper, upon which was an account against the Hannibal and St. Joseph Railroad company. The petition stated that the plaintiff was lawfully possessed of the account as of his own property; that it was audited and allowed, and in such a condition that, under the by-laws or rules of the company, he was entitled to demand payment of it from the defendant, who was the treasurer ; that he presented it for payment to the defendant, in St. Louis, who then paid one hundred dollars upon it,…
1Opinion of the CourtLeonard, Judge
There are only two questions in this record' — 'whether the conversion of the instrument sued for was admitted by the pleadings, and if so, whether the amount the paper called for was prima facie the proper measure of the damage. The instructions need not be considered except as they tend to raise *396these questions — both of which must be answered in the affirmative. It is true, a demand and refusal is not a conversion, but only evidence of one; and the reason is, the party may have had a lawful reason for what he did. Here, however, he states the reason, and as it is altogether insufficient,…
2Cited by11 opinions
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
- Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
- Huxley v. HartzellSupreme Court of Missouri · 1869
- Allgear v. WalshMissouri Court of Appeals · 1887
- Freeman v. StrobehnSupreme Court of Iowa · 1904
6 more not listed; retrieve them via the Exa API.