Legal Opinion

Boutell v. Warne

Supreme Court of Missouri

Decided January 15, 1876PublishedCited by 40 opinions

Appeal from St. Louis Circuit Court. The court erred in refusing to permit plaintiff to show, by proper documentary evidence, that since this action was instituted the title o£ the lot had been perfected by plaintiff. (Wash. R. P.. 3 ed., vol. 3, p. 276-7; Pierce vs. Hall, 41 Barb., 142-144; Id., 277, 278 ; Crowley vs. Wallace, 12 Mo., 143 ; 3 Cow., 75; Irvine vs. Irvine, 9 Wall., 617; Poole vs. Fleeger, 11 Pet., 185, 211; Shumate vs. Reavis,■ 49 Mo. 333, 336; Ware vs..

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Appeal from St. Louis Circuit Court. The court erred in refusing to permit plaintiff to show, by proper documentary evidence, that since this action was instituted the title o£ the lot had been perfected by plaintiff. (Wash. R. P.. 3 ed., vol. 3, p. 276-7; Pierce vs. Hall, 41 Barb., 142-144; Id., 277, 278 ; Crowley vs. Wallace, 12 Mo., 143 ; 3 Cow., 75; Irvine vs. Irvine, 9 Wall., 617; Poole vs. Fleeger, 11 Pet., 185, 211; Shumate vs. Reavis,■ 49 Mo. 333, 336; Ware vs.. Johnson, 55 Id., 500 ; Carter vs. Mills, 30 Id., 440, 443; Union Bank vs. Maynard, 51 Id., 548 ; Mitchel vs. Handfeldt, 33…

1Opinion of the CourtWagner, Judge

This was an action, under the statute for the claim and delivery of personal property, to recover the possession of a stock of merchandise. The plaintiif gave a bond and was put in possession.

From the record it appears, that on the 9th day of April, 1873, plaintiff and defendant entered into a written contract at St. Louis, whereby the stock of goods in question was sold to plaintiff by the defendant, for the sum of ten thousand dollars, defendant guaranteeing that the actual cost price of the goods was the sum of thirteen thousand five hundred dollars. Payments were to be made by plaintiff…

2Cases cited1 opinion

  1. Dilworth v. McKelvySupreme Court of Missouri · 1860

3Cited by40 opinions

  1. Dougherty v. CooperSupreme Court of Missouri · 1883
  2. Hickman v. DillMissouri Court of Appeals · 1888
  3. Citizens State Bank v. First National BankSupreme Court of Kansas · 1916
  4. Lewis v. MasonSupreme Court of Missouri · 1887
  5. Poplin v. BrownMissouri Court of Appeals · 1918

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