Morgan Machine Co. v. Rauch
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court.—Hon. Elliott M. Hughes, Judge. (1) The value of the goods should be fixed in accordance with the value thereof at the lime of the trial, and if such value has depreciated since taking of the goods, and the goods have been rendered of less value by reason of the acts of the party having possession thereof, such depreciation should be considered in fixing the damages for the taking and detention of the property.
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Appeal from the St. Charles Circuit Court.—Hon. Elliott M. Hughes, Judge. (1) The value of the goods should be fixed in accordance with the value thereof at the lime of the trial, and if such value has depreciated since taking of the goods, and the goods have been rendered of less value by reason of the acts of the party having possession thereof, such depreciation should be considered in fixing the damages for the taking and detention of the property. The cases of Woodburn v. Cogdal, 39 Mo. 222, and Miller v. Whitson, 40 Mo. 97, being disapproved. Chapman v. Kerr, 80 Mo. 158; Mix v. Kippner,…
1Opinion of the CourtBond, J.
On the twenty-first of Pebruary, 1899, A. B. Snethen and P. B. Benson, co-partners in a box factory at St. Charles, Missouri, made a statutory assignment of partnership assets to Julius E. Rauch for the benefit of their creditors. Under this conveyance the assignee took possession of certain machines, one a setting-up machine number 1, and the other a nailing machine number 6, which machines his grantors held in their possession under an unrecorded written lease from the Morgan Machine Company, specifying the terms and conditions of the rental of the property, and providing further that at…
2Cases cited12 opinions
- Collins v. WilhoitSupreme Court of Missouri · 1891
- Boland v. RossSupreme Court of Missouri · 1894
- State ex rel. Phillips v. RowseSupreme Court of Missouri · 1872
- Peet v. SpencerSupreme Court of Missouri · 1886
- Ridenour-Baker Grocery Co. v. MonroeSupreme Court of Missouri · 1897
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3Cited by1 opinion
- Grand Avenue Bank v. St. Louis Union Trust Co.Missouri Court of Appeals · 1909