Smith v. Southern
Missouri Court of Appeals
Appeal from the Pemiscot County Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) Under the facts as, disclosed by the testimony in this case respondent and appellant were the joint owners of the property sued for and a joint owner of personal property has no right to sue severally for its conversion, and this rule applies to an action against his co-owner.
Read the full summary
Appeal from the Pemiscot County Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) Under the facts as, disclosed by the testimony in this case respondent and appellant were the joint owners of the property sued for and a joint owner of personal property has no right to sue severally for its conversion, and this rule applies to an action against his co-owner. Johnson v. Stock Yards Bank, 102 Mo. 395. (2) Instructions which ignore or exclude issues, theories or defenses from the consideration of the jury are erroneous. Tinkle v. St. Louis, etc. R. Co., 212 Mo. 445; Austin v. St. Louis…
1Opinion of the Court
BRADLEY, J
This cause originated in a justice of the peace court to recover $240 for the alleged conversion of some cotton. Plaintiff was successful in the justice court and defendant appealed to the circuit court. There on trial before the court and a jury plaintiff obtained a judgment for $100, and defendant appealed.
Plaintiff in 1919 rented fifteen acres of land from defendant and as rental was to give one-fourth of the cotton and one-third of the corn. The whole fifteen acres, however, were cultivated in cotton. On July 31, 1919, plaintiff gave his note for $156 due in three months with…
2Cases cited3 opinions
- Merrill v. MasonMissouri Court of Appeals · 1911
- Johnson v. St. Joseph Stock Yards BankMissouri Court of Appeals · 1903
- Sheffler v. MuddMissouri Court of Appeals · 1897