Graham v. Parsons
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. Elliot M. Hughes, Judge. (1) Tbe term “bailment” implies that tbe owner of tbe property bas placed it in tbe bands of another, wbo is, at some time, to redeliver it to tbe owner in its integrity, or in an altered form agreed upon. O’Neal v. Stone, 79 Mo. App. 279; Story on Bailments, sec. 2; 2 Kent’s Com., 558; 2 Stepb.
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Appeal from Montgomery Circuit Court. — Hon. Elliot M. Hughes, Judge. (1) Tbe term “bailment” implies that tbe owner of tbe property bas placed it in tbe bands of another, wbo is, at some time, to redeliver it to tbe owner in its integrity, or in an altered form agreed upon. O’Neal v. Stone, 79 Mo. App. 279; Story on Bailments, sec. 2; 2 Kent’s Com., 558; 2 Stepb. Com., 129; Burril’s Law Die., p. 126. (2) Where a bailment is for tbe sole benefit of tbe bailee, he is bound to use extraordinary care and is liable for slight neglect. 2 Kent’s Com., 447; Case of Coggs v. Bernard, 1 Smith’s…
1Opinion of the CourtBland, P. J.
At the close of plaintiff’s evidence the following occurred: “Thereupon the defendants offered a demurrer to the evidence, stating that the plaintiff could not recover a verdict against the defendants under the statement and the evidence produced, and the court intimating that said demurrer would be sustained, the plaintiff asked leave to take a nonsuit with leave to move to set aside the same. To which action of the court intimating that the defendant’s demurrer would be sustained, the plaintiff then and there excepted at the time.”
In due time plaintiff moved to set aside the nonsuit. T-Tis…
2Cases cited6 opinions
- Chouteau v. RowseSupreme Court of Missouri · 1886
- Holdridge v. MarshMissouri Court of Appeals · 1887
- Hageman v. MorelandSupreme Court of Missouri · 1862
- Poe v. DominicSupreme Court of Missouri · 1870
- State ex rel. Meramec Iron Co. v. GaddySupreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Diamond Rubber Co. v. WernickeMissouri Court of Appeals · 1912
- Armstrong v. DunnMissouri Court of Appeals · 1914
- Dunnevant v. MocksoudMissouri Court of Appeals · 1907
- Schmelzer v. Carnie-Goudie Manufacturing Co.Missouri Court of Appeals · 1925