Cowan v. Young
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Son. T. J. Seehorn, Judge. (1) Defendant’s objection to the introduction of any evidence on the ¡ground that the petition' did not state a cause of action, ought to have been sustained. The facts stated in the petition, if true, would constitute a conversion of the property while the prayer is for recovery of the contract price.
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Appeal from Jackson Circuit Court. — Son. T. J. Seehorn, Judge. (1) Defendant’s objection to the introduction of any evidence on the ¡ground that the petition' did not state a cause of action, ought to have been sustained. The facts stated in the petition, if true, would constitute a conversion of the property while the prayer is for recovery of the contract price. (2) The court erred in refusing at thre close of plaintiff’s ease to give an instruction asked by the defendant in the nature of a demurrer to plaintiff’s evidence, because there was no evidence tending to prove either (a) that…
1Opinion of the Court
This action was commenced in the Circuit Court of Jackson County, Missouri, on April 15, 1915. The petition alleges in substance that, on or about May 31, 1913, defendant made a verbal arrangement with one E.P. Jersig, to purchase for him a large number of cattle at or near the City of Kerrville, Texas, among them being 246 head of three and four-year-old steers, which were to be shipped from Kerrville aforesaid, to defendant, at the City of Schulter, Oklahoma; that defendant, at said time, arranged with and instructed Jersig to pay for said cattle, by drawing upon defendant for the purchase…
2Cases cited7 opinions
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Chicago Great Western Railroad v. KemperSupreme Court of Missouri · 1914
- Riley v. O'KellySupreme Court of Missouri · 1913
- Roloson v. RiggsSupreme Court of Missouri · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Huttig v. BrennanSupreme Court of Missouri · 1931
- King v. GuyMissouri Court of Appeals · 1957
- Waugh v. WilliamsSupreme Court of Missouri · 1938
- Pemberton v. Ladue Realty & Construction Co.Supreme Court of Missouri · 1949
- State Ex Rel. Hilleary and Partners, Ltd. v. KellyMissouri Court of Appeals · 1969
5 more not listed; retrieve them via the Exa API.