Brosnahan v. Philip Best Brewing Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Hill, Judge. Tlie case and facts are stated in the opinion. I. The court erred in the instruction given plaintiff, because material parts of it are not based upon any evidence; and because it is misleading. The possession taken by defendant was not unlawful, but by invitation .and request of plaintiff’s agent. Again, there was no evidence that the business was of any value.
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Appeal from Jackson Circuit Court, Hon. Turner A. Hill, Judge. Tlie case and facts are stated in the opinion. I. The court erred in the instruction given plaintiff, because material parts of it are not based upon any evidence; and because it is misleading. The possession taken by defendant was not unlawful, but by invitation .and request of plaintiff’s agent. Again, there was no evidence that the business was of any value. It was; therefore, misleading to the jury to insert such language ■.as was contained in the instruction. II. The verdict was against the evidence, the damages being far in…
1Opinion of the CourtPhilips, P. J.
This is an action in the nature of an action of conversion. The petition recites that plaintiff' was the owner of a saloon and certain fixtures and goods-therein, of the value of three hundred dollars ; that the-defendant wrongfully entered into possession of said saloon, took, and held the same, and converted to his-own use, the property, etc.
The answer was a general denial.
The plaintiff’s evidence tended to show that he-was suddenly called from home by the sickness of his father in a distant city, and during his absence he left his brother in charge of the saloon. It appears .that the…
2Cited by1 opinion
- Cook v. ClaryMissouri Court of Appeals · 1892