Field v. Barr
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. The following is the petition in this case: “ Plaintiff states that defendant owes him three hundred and twenty-five dollars on account of thirteen gravel train or construction cars left by plaintiff with defendant, in May, 1854, for safe keeping.
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Error to St. Louis Court of Common Pleas. The following is the petition in this case: “ Plaintiff states that defendant owes him three hundred and twenty-five dollars on account of thirteen gravel train or construction cars left by plaintiff with defendant, in May, 1854, for safe keeping. Plaintiff states afterwards defendant sold said cars and received the proceeds, to-wit, the amount above stated, which he has not accounted for, although demanded; that the same were worth said sum; and therefore he asks judgment.” Judgment by default was rendered against the defendant. The cause coming up…
1Opinion of the CourtNapton, Judge
The instruction given in this case was erroneous. The defendant did not admit the value of the railroad cars, or the amount of money received from their sale. These allegations of value are not what are termed traversable, so as to conclude the opposite party if not answered. It was so held in the case of Wood v. Steamboat Fleetwood, 19 Mo. 531, and in a case where there was an answer and no denial of the allegation therein. A fortiori, it must be so where a default is taken for want of aii answer.
Judgment reversed and cause remanded;
the other judges concur.
2Cases cited1 opinion
- Wood v. The Steamboat FleetwoodSupreme Court of Missouri · 1854
3Cited by2 opinions
- Dunn v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1886
- McCord v. Doniphan Branch Railway Co.Missouri Court of Appeals · 1886