Poe v. Stockton
Missouri Court of Appeals
Appeal from the Gentry Circuit Court. — How.. Chas. H. S. Goodman, Judge Statement of the case by the court. This is an action of replevin, instituted ■ by plaintiff Poe to recover of defendants, Stockton and Duperow, a stock of watches, jewelry, etc., formerly held and owned by plaintiff at his store at Stanberry, Missouri, and which it is claimed was procured by defendants by means of a fraudulent exchange for alleged patent-right interests held and claimed by one G-. W.…
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Appeal from the Gentry Circuit Court. — How.. Chas. H. S. Goodman, Judge Statement of the case by the court. This is an action of replevin, instituted ■ by plaintiff Poe to recover of defendants, Stockton and Duperow, a stock of watches, jewelry, etc., formerly held and owned by plaintiff at his store at Stanberry, Missouri, and which it is claimed was procured by defendants by means of a fraudulent exchange for alleged patent-right interests held and claimed by one G-. W. Siddens, for whom defendant Duperow acted as agent. The patent was for a “flexible harrow,’’.and the evidence introduced…
1Opinion of the CourtGill, J.
I. We shall first refer to points raised by this appeal which, in our opinion, must result in a reversal of this case.(a) The court at the instance of the plaintiff, among others gave the following instruction:
“If the jury believe from the evidence that the plaintiff did not deliver the possession of the stock of goods in controversy to the defendant Duperow, they will find for the plaintiff.”
Thus instructing the jury was, in this case, clearly erroneous. It might be, and doubtless was, argued to the jury on this instruction, that whatever were the rights of property as to this stock of…
2Cases cited11 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- State v. DuncanSupreme Court of Missouri · 1876
- Broadwater v. DarneSupreme Court of Missouri · 1846
- Wright v. RichmondMissouri Court of Appeals · 1886
- State v. StairSupreme Court of Missouri · 1885
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3Cited by2 opinions
- Eacock v. StateIndiana Supreme Court · 1907
- Poe v. StocktonMissouri Court of Appeals · 1892