Bergeman v. Indianapolis & St. Louis Railroad
Supreme Court of Missouri
Appeal from 86. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The court erred in overruling plaintiff’s objection to the introduction of any evidence by defendant, because, from the averments of the answer, it appears that at the time of the delivery of the mules to Grant he was not entitled to possession of them. By the transaction between Grant and Dennis, the latter became invested with the property in the mules and also with the possession.
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Appeal from 86. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The court erred in overruling plaintiff’s objection to the introduction of any evidence by defendant, because, from the averments of the answer, it appears that at the time of the delivery of the mules to Grant he was not entitled to possession of them. By the transaction between Grant and Dennis, the latter became invested with the property in the mules and also with the possession. State v. Dennis, 80 Mo. 589. Grant’s only right to repossess the mules and the only right defendant had to redeliver them was based upon…
1Opinion of the CourtMacfablane, J.
— This is a suit against defendant, as a common carrier, to recover the value of twenty-four mules delivered by plaintiff to it, at East St. Louis, on the fourteenth day of January, 1883, to be carried to the city of Baltimore and there delivered to plaintiff, and which it neglected and failed to do; but on the contrary it carried them to the city of Indianapolis, and there wrongfully delivered them to some person unknown to plaintiff.
The answer was a general denial and a special defense substantially as follows :
The mules were the property of Thomas J. Grant, a resident of Randolph county,…
2Cases cited7 opinions
- Leahey v. Cass Avenue & Fair Grounds Railway Co.Supreme Court of Missouri · 1888
- Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
- Oregon v. JenningsSupreme Court of the United States · 1886
- Western Boatmen's Benevolent Ass'n v. KribbenSupreme Court of Missouri · 1871
- Duke v. ShacklefordMississippi Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Shelton v. Wolf Cheese Co.Supreme Court of Missouri · 1936
- In Re Verne LacyMissouri Court of Appeals · 1937
- Fisher v. the Pullman Co.Missouri Court of Appeals · 1923
- Stephan v. MetzgerMissouri Court of Appeals · 1902
12 more not listed; retrieve them via the Exa API.