Hendricks v. Evans
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — How. Oiias. W. Sloan, Judge. (1) Plaintiff delivered the horses and harness into the possession of Abbott, who was, therefore, rightfully in possession of them by plaintiff ’ s own act. Possession is presumptive proof of ownership. ■ 1 Glreenl. Ev., sec. 34; Jackson v. Love, 33 Am.. Rep. 687; 1 Thompson on Trials, sec. 1407; Stephens v. Board of Education, 32 Am.
Read the full summary
Appeal from the Cass Circuit Court. — How. Oiias. W. Sloan, Judge. (1) Plaintiff delivered the horses and harness into the possession of Abbott, who was, therefore, rightfully in possession of them by plaintiff ’ s own act. Possession is presumptive proof of ownership. ■ 1 Glreenl. Ev., sec. 34; Jackson v. Love, 33 Am.. Rep. 687; 1 Thompson on Trials, sec. 1407; Stephens v. Board of Education, 32 Am. Rep. 510. (2) Where one of two innocent parties must suffer for the wrongful act of another, he must suffer who placed the party doing the wrong in a position to do it. Neuhoff v. 0 ’ Deity, 93…
1Opinion of the CourtEllison, J.
In December, 1887, plaintiff was in Kansas. He employed one Abbott to take a team of horses with harness to the state of Illinois. When Abbott reached Harris on ville, Missouri, he sold the property to defendant, the latter believing Abbott to be the owner. When plaintiff learned several weeks afterward that Abbott had sold the property he went to Harrisonville, and demanded his property. Defendant refused to deliver, whereupon plaintiff began a suit in replevin, but it seems that defendant put the property out of his possession so that it was not found by the officer; thereupon plaintiff…
2Cases cited4 opinions
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Walker v. BorlandSupreme Court of Missouri · 1855
- Ellis v. WireIndiana Supreme Court · 1870
3Cited by7 opinions
- Jourdan v. GilmoreMissouri Court of Appeals · 1982
- State v. CastletonSupreme Court of Missouri · 1914
- Pearson v. HaydelMissouri Court of Appeals · 1901
- Gilbert Book Co. v. SheridanMissouri Court of Appeals · 1905
- Taylor v. WelshAppellate Court of Illinois · 1907
2 more not listed; retrieve them via the Exa API.