Bollman Bros. v. Peake
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. William Zachritz, Judge. (1) The Missouri decisions settle the case for this, court.
Read the full summary
Appeal from St. Louis City Circuit Court. — How. William Zachritz, Judge. (1) The Missouri decisions settle the case for this, court. Irwin v. Wells, 1 Mo. 9; Himes v. McKinney, 3 Mo. 270; Matheny v. Johnson, 9 Mo. 230. (2) The rule is that replevin will lie without demand whenever trover lies without demand; it is elementary law that trover will lie for a conversion. 5 Waits’ Actions and Defenses, p. 483; Pace v. Pierce, 49 Mo. 395; Wells on Replevin, sec. 351. (3) The office of demand in actions of trover and conversion is only evidential and not creative. Rolles’ Abridgment, p. 5;…
1Opinion of the CourtGoode, J.
A piano is the property in controversy in this replevin case, which was tried by the circuit court on the following agreed facts:
“On January 8, 1894, plaintiff leased the piano in question for an indefinite term to one Gordon, at five dollars per month, to whom the same was delivered. Gordon paying the first month’s rent. It was agreed that Gordon might have the privilege of purchasing the piano within three months for three hundred and thirty-five dollars, less the rent he had paid. The defendant *255saw shortly thereafter a piano advertised for sale.. On January 15, 1894, he called at the…
2Cases cited4 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Landis v. SaxtonSupreme Court of Missouri · 1891
- Cole v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
- Moore v. SimmsMissouri Court of Appeals · 1891
3Cited by5 opinions
- Simon Mahanna v. U.S. Bank National Assoc.Court of Appeals for the Eighth Circuit · 2014
- Lackawanna Chapter of the Railway & Locomotive Historical Society, Inc. v. St. Louis CountyCourt of Appeals for the Eighth Circuit · 2010
- Lackawanna Chapter of Railway & Locomotive Historical Society, Inc. v. St. Louis CountyCourt of Appeals for the Eighth Circuit · 2007
- Downs v. Pacific Express Co.Missouri Court of Appeals · 1909
- Lackawanna Chapter v. St. Louis Cty.Court of Appeals for the Eighth Circuit · 2007