Antonelli v. Basile
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. P. Qaies, Judge. (1) The petition does not state facts sufficient to constitute a cause of action.
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Appeal from Jackson Circuit Court. — Hon. E. P. Qaies, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Bank v. Milling & Land Company, 152 Mo. 157. (2) The petition must state ownership at time of conversion. 31 Minn. 119; 3 Barber 304. (3) The petition does not state that plaintiff was entitled to the immediate possession. 4 Howard Practice 117; 8 Oregon 35. (4) The value of the debt converted should be alleged, giving the specific amount. 31 Arkansas 286. (5) A demand must be made and proven. Boon on Code Pleading, 246, and authorities cited in note…
1Opinion of the CourtSmith, P. J.
The petition contained two counts, in the first of which was alleged a cause of action for money had and received, and in the second for malicious attachment, wherein both compensatory and punitive damages were demanded.
The allegations of - the first were sufficient to constitute a' cause of action for money had and received. Clark v. Bank, 57 Mo. App. loc. cit. 285. The allegation therein that the defendant had converted the money received, to his own use, was an unnecessary and redundant allegation which was but mere surplusage. This is the result in any case when one receives money, for…
2Cases cited8 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Spurlock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- State ex rel. McClenden v. JunglingSupreme Court of Missouri · 1893
- Nicholson v. GoldenMissouri Court of Appeals · 1887
- Dunn v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
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3Cited by7 opinions
- Baker v. AtkinsMissouri Court of Appeals · 1953
- York v. Farmers BankMissouri Court of Appeals · 1904
- Sidebottom v. SidebottomMissouri Court of Appeals · 1923
- Handlan Buck Manufacturing Co. v. Stave Electrical Co.Missouri Court of Appeals · 1913
- Paxston v. Gillam-Jackson Loan & Trust Co.Missouri Court of Appeals · 1927
2 more not listed; retrieve them via the Exa API.