Kemper Mill & Elevator Co. v. Hines
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — IIon. Tíos. B. Buckner, Judge. (1) The petition does not state, facts sufficient to constitute a cause of action for conversion, and the evidence wholly fails to sustain a verdict therefor. The appellant’s request for an instructed verdict should have been given and' the court erred in the refusal thereof, to which refusal, appellant excepted at theffime.
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Appeal from Jackson Circuit Court. — IIon. Tíos. B. Buckner, Judge. (1) The petition does not state, facts sufficient to constitute a cause of action for conversion, and the evidence wholly fails to sustain a verdict therefor. The appellant’s request for an instructed verdict should have been given and' the court erred in the refusal thereof, to which refusal, appellant excepted at theffime. (a) The petition does not allege a demand and refusal to deliver the shipment, nor does the evidence show that any was made, without which, there can be no conversion. Nanson v. Jacob, 93 Mo. 340; 1…
1Opinion of the Court
Suit for conversion of two cars of corn meal shipped by plaintiff over the St. L. San Francisco and connecting carriers to East Joliet, Illinois — one car being shipped from Republic, Missouri, and the other from Aurora, Missouri. The bills of lading were issued to plaintiff by said Railroad Company, while in charge of the Director General of Railroads, and were dated, respectively, April 12, 1918, and April 16, 1918. They were shippers' order bills, "Notify Jonas F. Eby Son." Plaintiff drew two sight drafts on Eby Son at Lancaster, Pennsylvania, and, attaching one of the bills of lading to…
2Cases cited30 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- The DelawareSupreme Court of the United States · 1872
- St. Louis Gunning Advertising Co. v. City of St. LouisSupreme Court of Missouri · 1911
- Bless v. JenkinsSupreme Court of Missouri · 1895
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3Cited by14 opinions
- Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Jones v. JonesSupreme Court of Missouri · 1933
- Pacific Mutual Life Insur. Co. v. Westglen Park, Inc.Texas Supreme Court · 1959
- Hogan Transfer & Storage Corp. v. WaymireIndiana Court of Appeals · 1980
- Alderman Bros. Co. v. N.Y., N. H. H.R. Co.Supreme Court of Connecticut · 1925
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