O'Toole v. Lowenstein
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. James E. Withrow, Judge. The petition in this cause is fatally defective, and! does not state a cause of action, as against Friedman, for it in no place alleges that at the time of the alleged conversion “plaintiff was entitled to the possession”' or “had the right of possession of the particular .goods” described or attempted to be described in tbe petition; and the refused demurrer offered by defendants at termination of…
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Appeal from St. Louis City Circuit Court.—Hon. James E. Withrow, Judge. The petition in this cause is fatally defective, and! does not state a cause of action, as against Friedman, for it in no place alleges that at the time of the alleged conversion “plaintiff was entitled to the possession”' or “had the right of possession of the particular .goods” described or attempted to be described in tbe petition; and the refused demurrer offered by defendants at termination of plaintiff’s ease, should have been given. Bank v. Tiger, T. M. & L. Co., 152 Mo. 145; ■Schawald v. Brunjes, 139 Mo. App. 672;…
1Opinion of the CourtNortoni, J.
This is a suit-in trover as for the conversion of a number of concrete blocks. Plaintiff recovered and defendants, prosecute the appeal.
The principal point relied upon for a reversal of the judgment relates to the sufficiency of the petition, in that it fails to aver plaintiff was either in possession, or entitled to the possession, of the property at the time of the conversion. Omitting caption and signatures, the petition is as, follows:
“Plaintiff states that at the times hereinafter mentioned he was the owner of a large number, to-wit five thousand three hundred, of concrete blocks located…
2Cases cited19 opinions
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Cruchon v. BrownSupreme Court of Missouri · 1874
- Munchow v. MunchowMissouri Court of Appeals · 1902
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hager v. MajorSupreme Court of Missouri · 1945
- Lee v. St. Louis Public Service Co.Supreme Court of Missouri · 1935
- Twentieth Century Machinery Co. v. Excelsior Springs Mineral Water & Bottling Co.Supreme Court of Missouri · 1918
- Sebastian County Coal & Mining Co. v. Fidelity Fuel Co.Supreme Court of Missouri · 1925
- Swift v. Central Union Fire InsuranceMissouri Court of Appeals · 1916
4 more not listed; retrieve them via the Exa API.