Strother v. McMullen Lumber Co.
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) There was a complete delivery of the lumber pursuant to and under the terms of the contract; the title thereto vested in defendant; plaintiff had no property in the lumber; and the court should have directed a verdict for defendant and erred in submitting to the jury any .question pertaining to the title or right of possession. Lumber Co. v. DeLisle, 107 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) There was a complete delivery of the lumber pursuant to and under the terms of the contract; the title thereto vested in defendant; plaintiff had no property in the lumber; and the court should have directed a verdict for defendant and erred in submitting to the jury any .question pertaining to the title or right of possession. Lumber Co. v. DeLisle, 107 Mo. App.. 615; Hatch v. Oil Co., 100’ U. S. 124; Dexter v. Sevens, 42 Barb. 575; People to use v. Sheehan, 118 Mich. 539; Izett v. Stetson, 22 Wash. 301; State v. Wharton,…
1Opinion of the CourtGantt, J.
This is an action of replevin brought in the circuit court of Pemiscot county, Missouri, on the 19th day of September, 1902, to recover possession of certain lumber alleged to have been wrongfully detained by the defendant. The property was seized by the sheriff under a writ of replevin, and the plaintiff gave bond for the same, and said property was delivered to the plaintiff, in whose possession it was at the time of the trial.
The answer of the defendant was a general denial, and an affirmative allegation that the property sued for was owned by the defendant, and there was a prayer for…
2Cases cited9 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Stephenson v. CadyMassachusetts Supreme Judicial Court · 1875
- Parmlee v. CatherwoodSupreme Court of Missouri · 1865
- Star Glass Co. v. MoreyMassachusetts Supreme Judicial Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Young v. Harris-Cortner Co.Tennessee Supreme Court · 1924
- Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
- Lewis v. James McMahon & Co.Supreme Court of Missouri · 1925
- Wright v. Mississippi Valley Trust Co.Missouri Court of Appeals · 1910
- F. H. Smith Co. v. Louisville & Nashville RailroadMissouri Court of Appeals · 1909
3 more not listed; retrieve them via the Exa API.