Sligo Furnace Co. v. Hobart-Lee Tie Co.
Missouri Court of Appeals
'Appeal from Dent Circuit Court. — No». L. B. Woodsicle. Judge. (1) Plaintiff is entitled to recover for the value of the manufactured product, regardless of the intent, mistake or good faith of defendant in converting the timber. Mohr v. Langan, 162 Mo. 474; Hendricks v. Evans, 46 Mo. App. 316; Bolles v. Woodenware Co., 106 U. S. 432; 28 Am. and Eng. Ency. Law (2 Ed.), 722; Waverly Timber Co. v. Co-Operating Co., 112 Mo. 383; Blockmer v. Railroad, 101 Mo.
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'Appeal from Dent Circuit Court. — No». L. B. Woodsicle. Judge. (1) Plaintiff is entitled to recover for the value of the manufactured product, regardless of the intent, mistake or good faith of defendant in converting the timber. Mohr v. Langan, 162 Mo. 474; Hendricks v. Evans, 46 Mo. App. 316; Bolles v. Woodenware Co., 106 U. S. 432; 28 Am. and Eng. Ency. Law (2 Ed.), 722; Waverly Timber Co. v. Co-Operating Co., 112 Mo. 383; Blockmer v. Railroad, 101 Mo. App. 557. (2) The proper measure of plaintiff’s damages is the value of the ties at the time of demand' for payment and defendant cannot…
1Opinion of the CourtCox, J.
Action for conversion of railroad cross ties, trial by court, judgment for plaintiff for $476 as value of the property, 'and' $57.12 interest, and plaintiff has appealed.
The petition alleged plaintiff to be the owner of certain timber lands in Dent county, and that defendant unlawfully and without right trespassed thereon and cut the timber and made it into railroad cross ties, and converted the ties to its own use. The answer was a general denial. A specific finding of facts was asked and the court found that the agents of defendant; were not willful trespassers but had cut the timber by…
2Cases cited15 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Newmark v. Liverpool & London Fire & Life InsuranceSupreme Court of Missouri · 1860
- State v. . MasseySupreme Court of North Carolina · 1887
- Spencer v. VanceSupreme Court of Missouri · 1874
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3Cited by5 opinions
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Sandberg v. ScougaleWashington Supreme Court · 1913
- Wood v. WeaverCourt of Appeals of Virginia · 1917
- Poole v. RoloffMissouri Court of Appeals · 1962
- Koelling v. Ralph Anderson Lumber Co.Supreme Court of Missouri · 1965