Legal Opinion

Shantz v. Shriner

Missouri Court of Appeals

Decided October 8, 1912PublishedCited by 8 opinions

Appeal from St. Louis County Circuit Court. — Hon. G. A. Wurdeman, Judge. (1) The trial court erred in admitting in evidence over the defendants’ objection the notes of $1100 and $44, because they were not the notes described in the petition. It amounted to a failure of proof and not a mere variance. Marcum v. Smith, 26 Mo. App. 460; Halpin M. Co. v. School Dist., 54 Mo. App. 371; Gray v. Race, 51 Mo.

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Appeal from St. Louis County Circuit Court. — Hon. G. A. Wurdeman, Judge. (1) The trial court erred in admitting in evidence over the defendants’ objection the notes of $1100 and $44, because they were not the notes described in the petition. It amounted to a failure of proof and not a mere variance. Marcum v. Smith, 26 Mo. App. 460; Halpin M. Co. v. School Dist., 54 Mo. App. 371; Gray v. Race, 51 Mo. App. 553; Ringer-v. Holtzclaw, 112 Mo. 519. (2) The amended answer tendered equitable issues and the action was thereby converted into a proceeding in equity. Pitts v. Pitts, 201 Mo. 356; Bouton…

1Opinion of the CourtCaulfield, J.

Action of replevin to recover possession, after conditions broken, of certain household furniture covered by a chattel mortgage, the plaintiff claiming as endorsee of the notes alleged to be secured by the mortgage. The plaintiff had judgment *639for the possession of the property or fits value, $1182.15, with one cent damages, and costs, and the de ■ fendants have appealed.

It is conceded that not only did defendants execute and deliver said chattel mortgage but they also executed and delivered a deed of trust in the nature of a mortgage conveying defendants’ home as security for the same notes.…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
  2. Blakely v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
  3. Fox v. YoungMissouri Court of Appeals · 1886
  4. Ingwerson v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910
  5. Martin v. BlockMissouri Court of Appeals · 1887

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Citizens Trust Co. v. GoingSupreme Court of Missouri · 1921
  2. Cindrick v. ScottMissouri Court of Appeals · 1931
  3. Locke v. BowmanMissouri Court of Appeals · 1912
  4. Schlamp v. ManewalMissouri Court of Appeals · 1916
  5. Stringer v. Geiser Manufacturing Co.Missouri Court of Appeals · 1914

3 more not listed; retrieve them via the Exa API.

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