Schmidt v. Rankin
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The court erred in giving instruction 2 on behalf of defendant.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The court erred in giving instruction 2 on behalf of defendant. It was error on the part of the court to instruct the jury that though they might believe some of the cattle bought by defendant and by his firm were the cattle covered by the mortgage in controversy, yet if they could not tell the exact number of the cattle covered by the mortgage which were bought by Rankin and his firm, then the plaintiffs could not recover to any extent whatsoever. The plaintiffs were entitled to recover for such number of cattle as they…
1Opinion of the CourtMarshall, J.
This is an action for the conversion of one hundred and sixty-two head of cattle of *258the alleged value» of $6,000. The action was begun on the 9th of August, 1899. There was a verdict and judgment for the defendant, and the plaintiffs appealed.
THE ISSUES.
The petition is in two counts, arising out of the fact that the plaintiff, Louis Schmidt, owns one note for $6,000, and the plaintiff, D. A. McPherson, owns the other note for $6,000, both of which were secured by a chattel mortgage on the cattle, alleged to have been converted by the defendant. The answer is a general denial, coupled with a…
2Cases cited1 opinion
- New England National Bank v. Northwestern National BankMissouri Court of Appeals · 1902
3Cited by4 opinions
- Cudahy Packing Co. v. NarzisenfeldCourt of Appeals for the Second Circuit · 1924
- Wisdom v. KeithleyMissouri Court of Appeals · 1943
- First Nat. Bk. of Brookfield v. GardnerMissouri Court of Appeals · 1928
- Kolkmeyer v. J. S. Merrell Drug Co.Missouri Court of Appeals · 1911