Loan v. Smith
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. It is as much, the duty of a tenant to deliver possession at the end of his term as it is to perform any other covenant, and failing to do so he is primarily liable. Bless v. Jenkins, 129 Mo. 661. The fact that defendant Smith was not personally on the premises at the institution of the suit is immaterial. Even a trespasser, placing other parties in possession, is properly a defendant.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. It is as much, the duty of a tenant to deliver possession at the end of his term as it is to perform any other covenant, and failing to do so he is primarily liable. Bless v. Jenkins, 129 Mo. 661. The fact that defendant Smith was not personally on the premises at the institution of the suit is immaterial. Even a trespasser, placing other parties in possession, is properly a defendant. Tuttle v. Davis, 48 Mo. App. 14. Unlawful detainer can not be maintained against a defendant not in possession of the premises at the time…
1Opinion of the CourtEllison, J.
This is an actionforunlawfuldetainer. While there were three defendants joined in the action. *511the controversy here relates to the liability of defendant Smith alone. The judgment in the trial court was for him and plaintiff appeals.
It appears that Smith was trustee in a deed of trust dated December 30, 1897, conveying a stock of goods for the benefit of certain creditors of the grantor, who was in possession of the building sued for, and in which the goods were, as the tenant of this plaintiff. Smith took possession of the goods and building on the day the deed of trust was executed and kept…
2Cases cited3 opinions
- Orrick v. St. Louis Public SchoolsSupreme Court of Missouri · 1862
- Link v. HarringtonMissouri Court of Appeals · 1886
- Tuttle v. DavisMissouri Court of Appeals · 1892
3Cited by4 opinions
- First Nat. Bank of Kansas City v. KavorinosSupreme Court of Missouri · 1954
- St. Louis Brewing Ass'n v. NiederlueckeMissouri Court of Appeals · 1903
- Slover v. KramerMissouri Court of Appeals · 1921
- Williams v. CareyMissouri Court of Appeals · 1949