Ackerman v. Green
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Him. Warwick Sough, Judge. (1) This is a suit for conversion. Summer v. Rogers, 90 Mo. 324; O ’Donoghue v. Corhy, 22 Mo. 396; 4 Ency. PI. and Pr., 915, par. 2; 21 Ency. PI. and Pr., 1089; Wilkinson v. Mosely, 18 Ala. 288. (2) Conversion will not lie to recover a balance on open account. Petit v. Boju, 1 Mo. 64; 21 Ency.
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Appeal from St. Louis City Circuit Court. — Him. Warwick Sough, Judge. (1) This is a suit for conversion. Summer v. Rogers, 90 Mo. 324; O ’Donoghue v. Corhy, 22 Mo. 396; 4 Ency. PI. and Pr., 915, par. 2; 21 Ency. PI. and Pr., 1089; Wilkinson v. Mosely, 18 Ala. 288. (2) Conversion will not lie to recover a balance on open account. Petit v. Boju, 1 Mo. 64; 21 Ency. PI. and Pr., 1021. (3) In a suit for conversion of a promissory note against the maker the recovery is confined to the actual value of the note; in determining which actual value the insolvency of the maker has to be considered and…
1Opinion of the CourtFox, J.
— This cause is now pending in this court upon appeal by the defendant from a judgment in the circuit court of the city of St. Louis. The petition upon which this action is predicated consists of two counts. As the judgment from which the appeal was taken was rendered upon the first count it is only necessary to reproduce the first count of the petition, which was as follows:
“Plaintiff states that Alfred W..Fleming died intestate in St. Louis county, Missouri, in January, 1898, and that plaintiff was thereafter, viz., on the 24th day of January, 1898, appointed by the probate court of said…
2Cases cited8 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Stillwell v. HammSupreme Court of Missouri · 1888
- O'Donoghue v. CorbySupreme Court of Missouri · 1856
- Menkens v. MenkensSupreme Court of Missouri · 1856
- National Bank of Commerce v. PenningtonMissouri Court of Appeals · 1890
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3Cited by2 opinions
- State ex rel. Perkins v. LongSupreme Court of Missouri · 1918
- FOURTH NATIONAL BANK OF TULSA v. DyerSupreme Court of Oklahoma · 1960