Gray v. Parker
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a suit to recover possession of some trunks and valises. It appeared in evidence that Jacob Parker had certain notes against Adolphus Parker and one Murphy; that he sold them to plaintiff for a “ patent right”; that Parker (of Parker & Murphy) sold to plaintiff certain trunks or valises in satisfaction of said notes; that said trunks and valises afterwards disappeared from the possession of plaintiff, and plaintiff alleged that…
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Appeal from St. Louis Circuit Court. This was a suit to recover possession of some trunks and valises. It appeared in evidence that Jacob Parker had certain notes against Adolphus Parker and one Murphy; that he sold them to plaintiff for a “ patent right”; that Parker (of Parker & Murphy) sold to plaintiff certain trunks or valises in satisfaction of said notes; that said trunks and valises afterwards disappeared from the possession of plaintiff, and plaintiff alleged that he found them in the possession of defendants Jacob and Albert Parker, in a store on Fifth street, in St. Louis, from…
1Opinion of the CourtWagner, Judge
The first point relied on for the appellants, in respect to the action of the court below in continuing the motion for a new trial to the next term, presents essentially the same question which was before us in the case of Riddlesbarger et al. v. McDaniel et al.,and for the reasons stated in that case the ruling of the court is approved.
The action here was a proceeding under the statute for the claim and delivery of personal property, and corresponds with the action of replevin at common law. We have dis*165covered no error in the court’s refusing appellants’ instructions, as those which had…
2Cases cited3 opinions
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Hyde & Everit v. CooksonNew York Supreme Court · 1855
- Rightmyer v. RaymondNew York Supreme Court · 1834
3Cited by31 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Parker v. Waycross & Florida RailroadSupreme Court of Georgia · 1889
- Kaufmann v. SchillingSupreme Court of Missouri · 1874
- Rankin v. WyattSupreme Court of Missouri · 1934
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