Aetna National Bank v. Union Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jaelcson Circuit Court. — Hon. C. L. Dobson, Judge. (1) Plaintiff alleged in its amended petition that “it was the owner of the flour in controversy and entitled to the possession of same, and that the Union Pacific Railway Company has appropriated said carload of flour to its own use and now refuses to deliver up the' same or to pay this plaintiff therefor.”
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Appeal from the Jaelcson Circuit Court. — Hon. C. L. Dobson, Judge. (1) Plaintiff alleged in its amended petition that “it was the owner of the flour in controversy and entitled to the possession of same, and that the Union Pacific Railway Company has appropriated said carload of flour to its own use and now refuses to deliver up the' same or to pay this plaintiff therefor.” This is an action for conversion and in order to recover in such action plaintiff must prove that it was the owner of the property before a recovery can be had. Sherman v. Com. Print. Co., 29 Mo. App. 31; í)ushy v.…
1Opinion of the CourtEllison, J.
statement. On September 15, 1892, the Gothenberg Roller Mills, of Gothenberg, Nebraska, delivered a car of flour to Union Pacific Railway Company, sold and consigned to N. F. Gorsuch, Memphis, Tennessee, care of Kansas City, Ft. Scott & Memphis Railway, at Kansas City, Missouri, and took from said Union Pacific Railroad Company its bill of lading for said flour, and on September 16, 1892, said Gothenberg Roller Mills delivered at Gothenberg, Nebraska, another car of flour to Union Pacific Railway Company, consigned same as car above mentioned, and received a Union Pacific bill of lading…
Also in this document: Concurrence.
2Cases cited3 opinions
- Dymock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1893
- Newhall v. Central Pacific RailroadCalifornia Supreme Court · 1876
- Ætna National Bank v. Water Power Co.Missouri Court of Appeals · 1894
3Cited by1 opinion
- Watkins National Bank v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Missouri Court of Appeals · 1906