Steckman v. Galt State Bank
Missouri Court of Appeals
Appeal from Grundy Circuit court. — Hon. George W. Wannemaker, Judge. (1) Plaintiff Steekman and his man, McDonald, are joint owners by their own agreement. Myers v. Field, 37 Mo. 439. (2) Since Lengle v. Smith, 48 M'o. 276, is sound law, this case must be reversed, without remanding. The plaintiff has mistaken his remedy. The Supreme Court of Missouri does not regard Lengle v. Smith, supra, as having been overruled.
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Appeal from Grundy Circuit court. — Hon. George W. Wannemaker, Judge. (1) Plaintiff Steekman and his man, McDonald, are joint owners by their own agreement. Myers v. Field, 37 Mo. 439. (2) Since Lengle v. Smith, 48 M'o. 276, is sound law, this case must be reversed, without remanding. The plaintiff has mistaken his remedy. The Supreme Court of Missouri does not regard Lengle v. Smith, supra, as having been overruled. (3) The defendants here are sticking right to their trial court theory, that these demurrers should have been sustained. - Kenefick v. Ins. Society, 103 S. W. 961. (1) Plaintiff…
1Opinion of the CourtEllison, J.
This is an action of replevin for several head of horses, in which the plaintiff prevailed in the trial court.
It appears that plaintiff and one McDonald were interested in some horses. These interests came about in the following way: Plaintiff resided in Trenton and owned a farm eight or ten miles out. McDonald lived on the farm under such form of agreement as gave him an interest in some of the stock. McDonald gave a chattel mortgage to defendant on a portion of the stock under which it took possession. The question which concerns the present disposition of the case is the nature of…
2Cases cited7 opinions
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
- Torbert v. JeffreySupreme Court of Missouri · 1901
- Lengle v. SmithSupreme Court of Missouri · 1871
- Spooner v. RossMissouri Court of Appeals · 1887
- Upham & Gordon v. AllenMissouri Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hamilton, Sheriff v. BrownSupreme Court of Oklahoma · 1912
- Skinner v. WhitlowMissouri Court of Appeals · 1913
- Bernard McMenamy Contractor, Inc. v. KitchenMissouri Court of Appeals · 1985
- Vahey v. VaheyMissouri Court of Appeals · 2003
- Caldwell v. SissonMissouri Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.