Legal Opinion

Siff v. Jackson

Missouri Court of Appeals

Decided February 1, 1915PublishedCited by 1 opinion

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Appeal from Jackson Circuit Court. — Hon. E. E. Borterfield, Judge. (1) The legal wrong denominated “conversion” is any unauthorized act of dominion or ownership exercised by one person over personal property belonging to another, (a) A demand and refusal is not a conversion in itself, but simply evidentiary of one. (b) A demand and refusal, while necessary in some cases of initial rightful possession, is not necessary in all; it is not necessary where the facts in evidence establish an unauthorized exercise of dominion by a defendant over the goods of a plaintiff. 38 Cyc. 2005; also, 2031;…

1Opinion of the CourtJohnson, J.

Plaintiffs, who are wholesale dealers in furs in New York, began this suit Decem6, 1912, in the circuit court of Jackson county against defendants Jackson and Klein who, at the time, were selling furs at retail in Kansas City. The cause of action stated in the petition was the alleged conversion of certain furs of the value of $1037, which defendant received from plaintiffs on consignment. A writ of attachment in aid of the action was sued out and levied on personal property as the property of defendants. In their answer defendants admitted that furs of the reasonable value of $1037 “were…

2Cases cited10 opinions

Allen v. McMonagleSupreme Court of Missouri · 1883
Wilkinson v. MisnerMissouri Court of Appeals · 1911
Newman v. Mercantile Trust Co.Supreme Court of Missouri · 1905
Teeple v. Hawkeye Gold Dredging Co.Supreme Court of Iowa · 1908
Huxley v. HartzellSupreme Court of Missouri · 1869

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3Cited by1 opinion

Security Trust Co. v. LongSupreme Court of Missouri · 1929