Walker v. Lewis
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Eon. G. A. Mosman, Judge. (1) The instruction in the nature of a demurrer offered by the defendant at the conclusion of the plaintiffs’ evidence and the instruction offered by the defendant in the nature of a demurrer at the conclusion of all the testimony in the case should have been given.
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Appeal from the Buchanan Circuit Court. — Eon. G. A. Mosman, Judge. (1) The instruction in the nature of a demurrer offered by the defendant at the conclusion of the plaintiffs’ evidence and the instruction offered by the defendant in the nature of a demurrer at the conclusion of all the testimony in the case should have been given. There was no evidence to sustain the allegations of the petition that the defendant, Lewis, sold or disposed , of or converted to his own use the property sued for. Walsh v. Sichler, 20 Mo. App'. 874; Walsh v. Sichler, 20 Mo. App. 374. (2) Instruction number one…
1Opinion of the CourtJohnson, J.
Tbe petition alleges that plaintiffs “are and at all times hereinafter stated were tbe owners of one runabout wagon, one set of single harness, one bridle, one saddle and one saddle blanket. That on or *29about tbe 10th day of March, 1905, they loaned and delivered to the defendant said property for the purpose of assisting him in the sale of a horse belonging to the plaintiffs, the said defendant desiring to use said property in driving and showing said horse to prospective purchasers. Then follows the allegation that defendant converted the property to his own use and judgment is prayed for…
2Cases cited7 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Seay v. SandersMissouri Court of Appeals · 1901
- Upham & Gordon v. AllenMissouri Court of Appeals · 1898
- Butler v. BoyntonMissouri Court of Appeals · 1906
- Walsh v. SichlerMissouri Court of Appeals · 1886
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