Lewis v. Mason
Supreme Court of Missouri
Appeal from St. Louis Qity Circuit Court. — How. W. II. Hobiteb, Judge. (1) Our statutory action of replevin was intended to effect a complete adjustment of tire rights of the parties thereto. Boutell v. Warne, 62 Mo. 354; Dougherty •». Cooper, 77 Mo. 534. (2) Drawing of a check ' does not transfer or assign to the holder either a legal or equitable claim to so much of the fund as is called for by the check.
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Appeal from St. Louis Qity Circuit Court. — How. W. II. Hobiteb, Judge. (1) Our statutory action of replevin was intended to effect a complete adjustment of tire rights of the parties thereto. Boutell v. Warne, 62 Mo. 354; Dougherty •». Cooper, 77 Mo. 534. (2) Drawing of a check ' does not transfer or assign to the holder either a legal or equitable claim to so much of the fund as is called for by the check. Bank v. Coats, 79 Mo. 168; Allen v. Bank, 85 Mo. 173. (3) It is gross error to direct a verdict for plaintiff where there is evidence to sustain a valid defence. Halliday v. Jones, 59 Mo.…
1Opinion of the CourtNorton, C. J.
This is a replevin suit to recover from defendant the possession of certain goods, in which plaintiff had judgment, from which defendant has appealed, and assigns as the chief ground of error the action of the court in giving, at the close of all the evidence, an instruction to the effect, that, under the evidence, the finding must be for the plaintiff.
The evidence tends to disclose the following state of facts : That plaintiff, who was an auctioneer and commission merchant in the city of St. Louis, on the twelfth day of July, 1883, received into his possession from one Landecker, the lot of…
2Cases cited4 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Boutell v. WarneSupreme Court of Missouri · 1876
- Montieth v. Great Western Printing Co.Missouri Court of Appeals · 1885
3Cited by16 opinions
- Brandtjen & Kluge, Inc. v. HunterMissouri Court of Appeals · 1940
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- Anthony v. CarpCourt of Appeals of Kansas · 1901
- Gregory v. TavennerMissouri Court of Appeals · 1890
- Weber Implement Co. v. DunardMissouri Court of Appeals · 1914
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