Cummings v. Kansas City Wholesale Grocery Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Cray, Judge. (1) There was a failure of proof to sustain the cause of action stated in the petition. The allegata must correspond with the probata. Rutledge v. Railway, 110 Mo. 318; Clements v. Yates, 69 Mo. 625. (a) There was a total failure of evidence to support a finding of conversion.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. Howard Cray, Judge. (1) There was a failure of proof to sustain the cause of action stated in the petition. The allegata must correspond with the probata. Rutledge v. Railway, 110 Mo. 318; Clements v. Yates, 69 Mo. 625. (a) There was a total failure of evidence to support a finding of conversion. The taking was lawful. 1 Addison on Torts (Woods Ed.), sec. 471. (2) Respondent had, at the time of the taking, neither the legal title or the right to possession, without which he is unable to maintain this action. Meyers v. Hale, 17 Mo. App. 209; Duggitt v.…
1Opinion of the CourtBroaddus, P. J.
The record of the cause shows the following undisputed facts, viz.: On August 24, 1904, the defendant took possession of the following goods and chattels, theretofore the property of one Herbert Boyd, to-wit: a stock of groceries, store fixtures, a horse and a delivery wagon. Afterwards, on August 25th, Arch McDonald, a constable, seized said property under certain writs of attachments in favor of creditors of Boyd.
*11Afterwards, on August 26th, the defendant herein instituted a replevin suit against said McDonald and retook said property into its possession, which suit is still pending and…
2Cases cited2 opinions
- Landis v. McDonaldMissouri Court of Appeals · 1901
- Lampkin v. Peoples' National BankMissouri Court of Appeals · 1902