Knipper v. Blumenthal
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Where the petition admits defendant’s possession of property, alleged to have been converted, to have been originally rightful, a demand and refusal is necessary to transform a mere detention into a conversion ; and this defense is available in this action under a general denial.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Where the petition admits defendant’s possession of property, alleged to have been converted, to have been originally rightful, a demand and refusal is necessary to transform a mere detention into a conversion ; and this defense is available in this action under a general denial. Hanson v. Jacob, 93 Mo. 340 ; Dusky v. Ricdder, 80 Mo. 400. (2) A party receiving a negotiable promissory note from the owner to raise money on for his own benefit does not commit a wrongful conversion if he sells the notes or collects them…
1Opinion of the CourtThomas, J.
This action is for the recovery of the sum of $2,876.80.
Plaintiff alleged that Amadee Berthold executed and delivered to defendant’s intestate two promissory notes, dated March 5, 1883, payable two years after date, with interest at the rate of eight per cent, per annum, one for $1,400, the other for $1,008, and that these notes were, in July, 1883, indorsed by said intestate, and delivered to plaintiff for value. The petition then proceeded as follows:
“ Plaintiff still further states that in said month of July, 1883, the said Josephine Farnsworth requested plaintiff to loan her said notes…
2Cases cited3 opinions
- Battel v. CrawfordSupreme Court of Missouri · 1875
- Himes v. McKinneySupreme Court of Missouri · 1834
- Ross v. ClarkSupreme Court of Missouri · 1858
3Cited by9 opinions
- Cammann v. EdwardsSupreme Court of Missouri · 1936
- Aetna Casualty & Surety Co. v. Lindell Trust Co.Missouri Court of Appeals · 1961
- Peerless Fire Ins. Co. v. BarcusCourt of Appeals of Texas · 1920
- People's State Savings Bank v. Missouri, Kansas & Texas RailwayMissouri Court of Appeals · 1911
- Bennett v. Tower Grove Bank & Trust Co.Missouri Court of Appeals · 1959
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