Heaps v. Jones
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. “ The law never-implies what the parties never intended; never raises a promise in such circumstances.” BanJc v. Aul, 80 Mo. 200 ; Morris v. Barnes, 35 Mo. 412; Hurt v. Hurt, 41 Mo. 441. “ When services are rendered and received, without any expectation of payment no claim can be preferred therefor.”
Read the full summary
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. “ The law never-implies what the parties never intended; never raises a promise in such circumstances.” BanJc v. Aul, 80 Mo. 200 ; Morris v. Barnes, 35 Mo. 412; Hurt v. Hurt, 41 Mo. 441. “ When services are rendered and received, without any expectation of payment no claim can be preferred therefor.” Morris v. Barnes, 35Mo. 412. “If one claims a lien on a horse for board, and the horse is not in his possession, he can not obtain possession by action of replevin.” McQreery 'o. Muench, 7 Mo. App. 589.
1Opinion of the CourtRombauer, J.
The parties submitted this cause to the trial court on the following agreed statement of fact:
“The plaintiff is, and from June 29, 1885, up to the time of bringing this suit was, a livery and boarding stable keeper in the district of the justice of the peace wherein this case is brought. On June 29, 1885, the defendant left the horse described in the complaint at the 'plaintiff’s stable for keep and board. On' August 5, ■ 1885, the defendant took his horse from the stable for temporary use, and without the plaintiff’s consent and without notice to the plaintiff refused to return the horse. On…
2Cases cited4 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Boutell v. WarneSupreme Court of Missouri · 1876
- Belkin v. HillSupreme Court of Missouri · 1873
- Williamson v. GottschalkMissouri Court of Appeals · 1876
3Cited by9 opinions
- Hickman v. DillMissouri Court of Appeals · 1888
- Rickroad v. MartinMissouri Court of Appeals · 1891
- Ferris v. JohnsonMichigan Supreme Court · 1904
- Anthony v. CarpCourt of Appeals of Kansas · 1901
- Gregory v. TavennerMissouri Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.