Rauch v. Brunswig
Missouri Court of Appeals
Appeal from Buchan an Circuit Court. — Eon. L. J. Eastin, Judge. (.1) Appellant contends that he is not liable in this action, first, because he, personally, never had possession- of the money collected from the railroad company, and therefore did not convert and appropriate it to his use, and, second, because the only control he had of the money collected from the railroad company was in his' official capacity as president of the corporation and-manager of its business.
Read the full summary
Appeal from Buchan an Circuit Court. — Eon. L. J. Eastin, Judge. (.1) Appellant contends that he is not liable in this action, first, because he, personally, never had possession- of the money collected from the railroad company, and therefore did not convert and appropriate it to his use, and, second, because the only control he had of the money collected from the railroad company was in his' official capacity as president of the corporation and-manager of its business. Unless it is shown that appellant personally had possession or personal control of the money collected from the railroad…
1Opinion of the CourtBroaddus, P. J.
This is a suit for conversion. In October, 1907, the respondents were in the grain business at Lamoni, Iowa, and the South Park Grain Company, a corporation, was in the grain business at St. Joseph, Missouri. • The appellant, Brunswig, was president and manager of the South Park Grain Company during the times herein mentioned.
The respondents shipped a car load of «oats from Blythedale, Missouri, to the South Park Grain Company, and while it was in transportation a part of the grain was lost. The latter company notified the respondents of the loss and requested them to send certified weights…
2Cases cited5 opinions
- Baird v. ShipmanIllinois Supreme Court · 1890
- Fusz v. SpaunhorstSupreme Court of Missouri · 1878
- Lottman v. BarnettSupreme Court of Missouri · 1876
- Hamlin v. AbellSupreme Court of Missouri · 1894
- German American Bank v. BrunswigMissouri Court of Appeals · 1904
3Cited by6 opinions
- Boyd v. WimesMissouri Court of Appeals · 1984
- State Ex Rel. Doe Run Resources Corp. v. NeillSupreme Court of Missouri · 2004
- Grothe v. HelterbrandMissouri Court of Appeals · 1997
- Walker v. HowellSupreme Court of Iowa · 1929
- State Ex Rel. Doe Run Resources Corp. v. NeillSupreme Court of Missouri · 2004
1 more not listed; retrieve them via the Exa API.