Legal Opinion

Painter v. Painter

Missouri Court of Appeals

Decided January 18, 1910PublishedCited by 4 opinions

Appeal from Warren Circuit Court. — Hon. Jas. D. Barnett, Judge. There was sufficient evidence of a conversion and the court erred in not sending the case to the jury. .¡Bank v. Brooks, 52 Mo. App. 364. (1) The demurrer to plaintiff’s evidence was properly sustained; there was no evidence of any conversion hv this defendant. 2 Greenleaf on Ev., secs. 642, 644; Bank v. Tiger Tail, etc., Co., 152 Mo. 145; 3 Starkie, 1491, 5 Am.

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Appeal from Warren Circuit Court. — Hon. Jas. D. Barnett, Judge. There was sufficient evidence of a conversion and the court erred in not sending the case to the jury. .¡Bank v. Brooks, 52 Mo. App. 364. (1) The demurrer to plaintiff’s evidence was properly sustained; there was no evidence of any conversion hv this defendant. 2 Greenleaf on Ev., secs. 642, 644; Bank v. Tiger Tail, etc., Co., 152 Mo. 145; 3 Starkie, 1491, 5 Am. Dig. 511; Nanson v. Jacob, 93 Mo. 331; Beckman v. McKarv, 14 Cal. 250; Parker v. Middle-brook, 24 Conn. 207; 1 Chitty on Pldgs. (8 Am. Ed.), 149, 159; White v.…

1Opinion of the CourtGoode, J.

Solomon Painter died in May, 1883, leaving four sons and four daughters. The devising clause of his last will was. as follows:

“After the payment of my debts and funeral expense, I want all of my personal property and farming utensils and real estate left to my wife and children *600during her single life, at her death it is to he sold and equally divided among my children, except my three boys, Herman and Otto and John, I want to give one hundred and fifty dollars advantage of the girls. All the surplus money made over and expenses to be put at interest. I further claim the right of everything-…

2Cases cited11 opinions

  1. Richardson v. ColeSupreme Court of Missouri · 1901
  2. Ripley v. DavisMichigan Supreme Court · 1866
  3. McCracken v. McCaslinMissouri Court of Appeals · 1892
  4. Winner v. PennimanCourt of Appeals of Maryland · 1872
  5. Newby v. HarrellSupreme Court of North Carolina · 1888

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3Cited by4 opinions

  1. Odom v. LangstonSupreme Court of Missouri · 1943
  2. Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
  3. Bell v. Farmers & Traders BankMissouri Court of Appeals · 1915
  4. Hassell v. GambleCourt of Appeals of Texas · 1924

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