Hardy v. Graham
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon, W. M. Robinson, Judge. (1) The first instruction given for the plaintiff is erroneous, as misleading the jury, no evidence of absolute ownership having been offered and no definition being 'given by the • court as to what ownership will support an action of replevin. (2) The court erred in refusing to submit the question of fraud to the jury,' as requested by the instruction asked by the defendants and refused by the court.
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Appeal from the Jasper Circuit Court. — Hon, W. M. Robinson, Judge. (1) The first instruction given for the plaintiff is erroneous, as misleading the jury, no evidence of absolute ownership having been offered and no definition being 'given by the • court as to what ownership will support an action of replevin. (2) The court erred in refusing to submit the question of fraud to the jury,' as requested by the instruction asked by the defendants and refused by the court. In replevin the defendant can assail plaintiff’s title for fraud under the general issue, and show such facts as would render…
1Opinion of the CourtEllison, J.
This action is replevin, in which plaintiff recovered judgment. It appears a firm of Moody & Eurit, desiring to enter into business, procured plaintiff “to stand good” for them, in the purchase of goods to the amount of $1,000. That in order to secure plaintiff against his liability for them, they *42executed to him in November, 1892, a chattel mortgage on their goods, stating the consideration at $1,200. Plaintiff did not record this mortgage until April, 1893. Moody having retired from the business, Eurit, finding that he could not meet his indebtedness, turned over the possession of the…
2Cases cited1 opinion
- Dobyns v. MeyerSupreme Court of Missouri · 1888
3Cited by3 opinions
- Center Creek Mining Co. v. CoyneMissouri Court of Appeals · 1912
- Elliott v. WashingtonMissouri Court of Appeals · 1909
- In re Zero Refrigerator Lines, Inc.District Court, W.D. Missouri · 1939