Bank of Odessa v. Jennings
Missouri Court of Appeals
Appeal from Lafayette Circuit Court, Hon. John P. Strother, J. Statement of case by the court. This suit is brought to recover damages sustained by plaintiff on account of the conversion by defendant of certain described cattle, alleged to be the property of plaintiff.
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Appeal from Lafayette Circuit Court, Hon. John P. Strother, J. Statement of case by the court. This suit is brought to recover damages sustained by plaintiff on account of the conversion by defendant of certain described cattle, alleged to be the property of plaintiff. The petition alleges that one Stephen W. Couch on the 21st day of July, 1881, “.by his certain mortgage deed of tliat date sold, assigned, transferred and set over to plaintiff twenty head of native two-year-old steers, etc., etc.” and that on the 30th day of July, 1881, said Couch “by his certain other mortgage deed sold,…
1Opinion of the Court
Opinion by
Hall, J.
1. The petition is sufficient. ' The objection to its sufficiency made by defendant that it does not in express terms aver title in Couch to the cattle, at the time oi the execution of the mortgages, is not well made. The petition sufficiently alleges title to the cattle in Couch, *657and a transfer thereof to plaintiff. The petition alleges that Conch sold, assigned, transferred and set over the cattle to plaintiff. This is sufficient. Without title in himself Couch could not have sold, assigned, transferred and set over the cattle to plaintiff; and having such title, by so…
2Cases cited12 opinions
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Beebee v. RobertNew York Supreme Court · 1834
- Briggs v. MunchonSupreme Court of Missouri · 1874
- Musser v. BrinkSupreme Court of Missouri · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- Campbell v. AllenMissouri Court of Appeals · 1889
- Boeger v. LangenbergMissouri Court of Appeals · 1890
- Nichols, Shepard & Co. v. KernMissouri Court of Appeals · 1888
- Bruen v. Kansas City Agricultural & Horticultural Fair Ass'nMissouri Court of Appeals · 1890
3 more not listed; retrieve them via the Exa API.