Courtial v. Lowenstein
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It is-undoubtedly true that stolen personal property can be recovered from any one who has possession of it, even from a purchaser in g'ood faith. The only exception to the foregoing principle of law is, in the case of money being stolen.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It is-undoubtedly true that stolen personal property can be recovered from any one who has possession of it, even from a purchaser in g'ood faith. The only exception to the foregoing principle of law is, in the case of money being stolen. In such a case any one who obtains possession of stolen money for value and without notice that it was stolen, can hold the same against the whole world, even against the The case of Rodgers v. Bank, 69 Mo. 560, appears to us to be decisive of this case, in principles therein laid down,…
1Opinion of the CourtGill, J.
The evidence in this case is very meager, but from it may be gleaned about the following state of facts: In July, 1888, the plaintiff, a married woman, had, as the proceeds of the sale of her separate property, about $6,000 in money, and this she kept concealed in a trunk at her home in Kansas City. Her husband stole the money, went to Europe, and after an absence of a year, returned to Kansas City. It seems that siortly after returning (perhaps in July, 1889) the husband became involved in trouble of some kind and defendant Lowenstein secured bail for him in a criminal prosecution, and for…
2Cases cited5 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Hamilton v. MarksSupreme Court of Missouri · 1876
- First National Bank v. StanleyMissouri Court of Appeals · 1891
- Rodgers v. Bank of Pike CountySupreme Court of Missouri · 1879
- Franklin Savings Institution v. HeinsmanMissouri Court of Appeals · 1876