Pilkington v. Trigg
Supreme Court of Missouri
Error to Cooper Court of Common Pleas. I. The drafts having been obtained by fraud their transfer by Pilkington passed no title to Phillips, and Pilkington could recover their proceeds so long as they could be identified, no matter how many changes they might undergo. (1 Mo, 46 ; 26 Mo. 494Story’s Eq. § 437,439, 513,1256 ; 5 Dana, 196.) ' The plaintiff instituted the proper form of action.
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Error to Cooper Court of Common Pleas. I. The drafts having been obtained by fraud their transfer by Pilkington passed no title to Phillips, and Pilkington could recover their proceeds so long as they could be identified, no matter how many changes they might undergo. (1 Mo, 46 ; 26 Mo. 494Story’s Eq. § 437,439, 513,1256 ; 5 Dana, 196.) ' The plaintiff instituted the proper form of action. Our statute providing for the claim and delivery of personal property is intended as a substitute for the common law remedies of detainer, replevin and trover; and when these actions could be maintained the…
1Opinion of the CourtSoott, Judge
This case is not affected by the principle that money or property obtained under color of a fraudulent contract may be reclaimed upon the rescisión of the contract by the injured party. We must have an eye to the form of the action in considering the plaintiff’s right to a recovery. The petition alleges that the plaintiff is the owner of and is entitled to the possession of the following specific personal property, viz. : Nine hundred and fifty dollars in specie of the value of $950, which said property is in a bag marked “ B. Pilking-ton or W. T. Phillips.” It is. alleged for the plaintiff…
2Cited by5 opinions
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Dowdy v. CalviArizona Supreme Court · 1912
- Hamilton v. ClarkMissouri Court of Appeals · 1887
- Cornett v. BestMissouri Court of Appeals · 1910
- Phillips v. SchallMissouri Court of Appeals · 1886