World Publishing Co. v. Hull
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. M. K. James, Judge. (1) The' action of the trial court in instructing the jury to bring in a verdict in favor of the defendant (respondent) was error. The defendant (respondent) was not entitled to the possession of the motor under any circumstances.
Read the full summary
Appeal from the Buchanan Circuit Court. — Hon. M. K. James, Judge. (1) The' action of the trial court in instructing the jury to bring in a verdict in favor of the defendant (respondent) was error. The defendant (respondent) was not entitled to the possession of the motor under any circumstances. He claimed possession, first, by reason of the writ of attachment in his hands, and, second, he claimed that the plaintiff was not entitled to possession of same because Mrs. Morton B. Crowther was the owner of a note and mortgage given by the Times Company. The sheriff had no authority to attach any…
1Opinion of the CourtEllison, J.
This -action is replevin wherein plaintiff seeks to recover the possession of a “twelve-horse-power electric motor.” Defendant is the sheriff of Buchanan county and claims possession of the property under a levy of a writ of attachment issued at the instance of the Graham Paper Company against the St. Joseph Times Printing & Publishing Company. The trial court directed a verdict for defendant..
The plaintiff’s claim of title is that it sold the motor to George C. Crowther individually, he, however, being president of the Times Printing Company with the understanding and agreement that Crowther…
2Cases cited6 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Tower v. PaulyMissouri Court of Appeals · 1892
- Johnson v. Whitman Agricultural Co.Missouri Court of Appeals · 1885
- Robbins v. PhillipsSupreme Court of Missouri · 1878
- Viertel v. SmithMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stone v. KiesMissouri Court of Appeals · 1950
- Hymer v. Dude Hinton Pontiac, Inc.Missouri Court of Appeals · 1960
- Goodwin Manufacturing Co. v. Fritsch Foundry & Machine Co.Missouri Court of Appeals · 1905