Dougherty v. Chapman
Missouri Court of Appeals
Appeal from Chariton Circuit Court, Hon. G. D. Burgess, Judge. Statement of case by the court. This case, which was begun June 2, 1883, was tried on the third count of the petition, the other counts having been dismissed.
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Appeal from Chariton Circuit Court, Hon. G. D. Burgess, Judge. Statement of case by the court. This case, which was begun June 2, 1883, was tried on the third count of the petition, the other counts having been dismissed. The third count of the petition was as follows : “Plaintiff further states that defendant owes him the sum of three hundred dollars for cash received by defendant on the sale of a jack, which was the property of plaintiff, which said jack was sold, and the proceeds derived therefrom received by defendant and appropriated to his own use and benefit; for which plaintiff asks…
1Opinion of the Court
I.’
Hall, «T.
Under the facts hypothetically stated in the first instruction given for the plaintiff, and the first instruction given by the court of its own motion, to prove which the evidence tended, the defendant was the bailee of plaintiff in the latter’s individukl, and not in his representative, capacity. The instructions suppose an agreement by which the jack became the property of plaintiff, and by which the defendant was to keep the *241jack as plaintiff’s property. Under the instructions, the jury could not have found for plaintiff without finding such agreement. If the defendant had…
2Cases cited4 opinions
- The "Idaho."Supreme Court of the United States · 1877
- State v. BurnettSupreme Court of Missouri · 1883
- Finlay v. BrysonSupreme Court of Missouri · 1884
- Cole v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
3Cited by7 opinions
- Laughlin v. Boatmen's National BankSupreme Court of Missouri · 1945
- Bankers Trust Co. v. International Trust Co.Supreme Court of Colorado · 1941
- Davis Cattle Co., Inc. v. Great Western Sugar CompanyDistrict Court, D. Colorado · 1975
- Mohr v. LanganSupreme Court of Missouri · 1901
- Felder v. ReethCourt of Appeals for the Ninth Circuit · 1929
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