Legal Opinion

Roberts v. Boulton

Missouri Court of Appeals

Decided February 13, 1894PublishedCited by 4 opinions

Appeal from the Warren Circuit Cowrt. — Hon. W. W. Edwards, Judge. "When the defendant delivered the property in controversy to the plaintiff the sale of it was complete. The title passed with the delivery. Kendall, etc., Co. v: Bain, 46 Mo. App. 581; Hamilton v. Clark, 25 Mo. App. 428. The verdict was for the right party and will not be disturbed for mere informality. Garth v. Caldwell, 72 Mo. 628; Johnson v. Lockhaven, 46 Mo.

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Appeal from the Warren Circuit Cowrt. — Hon. W. W. Edwards, Judge. "When the defendant delivered the property in controversy to the plaintiff the sale of it was complete. The title passed with the delivery. Kendall, etc., Co. v: Bain, 46 Mo. App. 581; Hamilton v. Clark, 25 Mo. App. 428. The verdict was for the right party and will not be disturbed for mere informality. Garth v. Caldwell, 72 Mo. 628; Johnson v. Lockhaven, 46 Mo. App. 463; Rea v. Ferguson, 72 Mo. 225; Clarkson v. Jenkins, 48 Mo. App. 122.

1Opinion of the CourtBond, J.

— This is an action of replevin, begun before a justice of the peace, for a pair of French meal burrs. There was a trial before the justice of the peace and an appeal to the circuit court. After a trial there and judgment for defendant, the plaintiff appeals to this court.

There was evidence tending to show that the appellant purchased the articles in controversy from the defendant upon agreement to pay therefor ten dollars, to be taken out in work in rebuilding a mill belonging to the defendant, which had been destroyed by fire; that thereupon the appellant took the burrs into his possession…

2Cases cited1 opinion

  1. State v. NelsonSupreme Court of Missouri · 1890

3Cited by4 opinions

  1. State ex rel. Russell v. FargoSupreme Court of Missouri · 1899
  2. Metropolitan Rubber Co. v. Monarch Rubber Co.Missouri Court of Appeals · 1898
  3. State v. Wealaka M. & M. Co.Missouri Court of Appeals · 1905
  4. Brown v. MaysMissouri Court of Appeals · 1899

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