American Storage & Moving Co. v. Harding
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) The court erred in refusing to give the peremptory instruction asked by defendants at the close of the evidence, directing the jury to find for the defendants for the reason that under the undisputed evidence plaintiffs were not entitled to recover.
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Appeal from Pettis Circuit Court. — Hon. Louis Hoffman, Judge. (1) The court erred in refusing to give the peremptory instruction asked by defendants at the close of the evidence, directing the jury to find for the defendants for the reason that under the undisputed evidence plaintiffs were not entitled to recover. (2) The plaintiff in its evidence claims the property by virtue of a chattel mortgage given by Mrs. McConnell to- it to secure $179.80. As this mortgage was not recorded at the time these attachment writs ivere levied the plaintiff cannot hold the property under said mortgage as…
1Opinion of the CourtJohnson, J.
This is an action in replevin begun in the circuit court of Pettis county on January 19,1904, to recover possession of certain household goods. A trial before a jury resulted in a verdict and judgment in favor of plaintiff and the cause is here on appeal of defendants. Defendants, at the trial, objected to the introduction of any evidence on the ground that the petition failed to state a cause of action, and at the conclusion of the evidence, offered an instruction in the nature of a demurrer thereto. The rulings of the court on the objection and instruction were adverse to defendants and…
2Cited by1 opinion
- Hatton v. HenmanMissouri Court of Appeals · 1928