Mohr v. Langan
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) Plaintiff’s first instruction is erroneous that Mrs. Smith’s possession of the property under her order of delivery “gave her no right or authority whatever to sell or dispose of said goods.” Mrs. Smith had a right to sell the goods, and she was thereby guilty of no act of conversion, and plaintiff, in the cause at bar, could in no event be entitled to a judgment.
Read the full summary
Transferred from St. Louis Court of Appeals. (1) Plaintiff’s first instruction is erroneous that Mrs. Smith’s possession of the property under her order of delivery “gave her no right or authority whatever to sell or dispose of said goods.” Mrs. Smith had a right to sell the goods, and she was thereby guilty of no act of conversion, and plaintiff, in the cause at bar, could in no event be entitled to a judgment. Donohoe v. McAleer, 37 Mo. 312. (2) The court erred in refusing to permit plaintiff to answer appellants’ questions as to whether or not plaintiff made any demand on appellants for…
1Opinion of the CourtMarshall, J.
In June, 1894, a Mrs. Smith, replevied certain household goods from the plaintiff herein, Mrs. Mohr, claiming title thereto under a mortgage thereon executed by Mrs. Mohr. Mrs. Smith obtained possession of the property under the writ of replevin. Before a justice of the peace, Mrs. Smith secured a judgment. Mrs. Mohr appealed to the circuit court, where .upon a trial de novo, on March 4, 1895, judgment was rendered' in favor of Mrs. Mohr for a return of the property replevied, or its assessed value of three hundred and fifty dollars, at the option of Mrs. Mohr. • After Mrs. Smith obtained…
2Cases cited26 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Schroeppel v. CorningNew York Supreme Court · 1848
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
- Koch v. Branch & CrookesSupreme Court of Missouri · 1869
21 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Auffenberg v. HafleyMissouri Court of Appeals · 1970
- Farmers' State Bank of Arkansas City v. StephensonSupreme Court of Oklahoma · 1909
- Commercial Credit Corp. v. Joplin Automobile Auction Co.Missouri Court of Appeals · 1968
- Blackwell v. Laird and LairdMissouri Court of Appeals · 1942
- Western Storage & Warehouse Co. v. GlasnerSupreme Court of Missouri · 1902
26 more not listed; retrieve them via the Exa API.