Wilkinson v. Misner
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) This being a suit in conversion, the petition did not state facts sufficient to constitute a cause of action in this, that it failed to allege or show that, at the time of the alleged conversion, plaintiff had possession of, or the right of possession to, the stock. Bank v. Mill & Land Co., 152 Mo. 156; Golden v. Moore, 126 Mo. App. 522; Schwald v. Brunjes, 139 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) This being a suit in conversion, the petition did not state facts sufficient to constitute a cause of action in this, that it failed to allege or show that, at the time of the alleged conversion, plaintiff had possession of, or the right of possession to, the stock. Bank v. Mill & Land Co., 152 Mo. 156; Golden v. Moore, 126 Mo. App. 522; Schwald v. Brunjes, 139 Mo. App. 516. (2) The modification by the court, of defendant’s instruction No. 2 was erroneous in that, as modified, it did not require the jury to find an…
1Opinion of the CourtNortoni, J.
This is an action in the nature of trover as for conversion. Plaintiff recovered a verdict of $5000, and defendant prosecutes the appeal.
In so far as important to state it, the petition avers that plaintiff was, on January 28, 1908, in possession of two certificates of stock of the Renfrow Briquette Machine Company, of the par value of $15,000, which he held as collateral security to a certain indebtedness evidenced by notes given to him in consideration of a loan of money; that, on the 29th of January, 1908, defendant (who was the owner of the stock, subject to the pledge) represented to…
2Cases cited10 opinions
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Borland v. Nevada BankCalifornia Supreme Court · 1893
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Munchow v. MunchowMissouri Court of Appeals · 1902
- Southworth Co. v. LambSupreme Court of Missouri · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Osborn v. Chandeysson Electric Co.Supreme Court of Missouri · 1952
- Cammann v. EdwardsSupreme Court of Missouri · 1936
- Blum, Admr. v. FrostMissouri Court of Appeals · 1938
- National Surety Corporation v. HochmanMissouri Court of Appeals · 1958
- Hays v. Estate of MillerMissouri Court of Appeals · 1915
7 more not listed; retrieve them via the Exa API.