McLachlin v. Barker
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. W. W. Wood, Judge. STATEMENT OF THE CASE BY GILL, J. A fair understanding of this controversy can be had by consulting the pleadings in the case. The petition is for the recovery of the value of thirteen head of fancy harness horses (stallions, mares and colts) which were owned by plaintiff and which, it is alleged, defendant, in February, 1892, wrongfully converted to his own use.
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Appeal from the Cass Circuit Court. — Hon. W. W. Wood, Judge. STATEMENT OF THE CASE BY GILL, J. A fair understanding of this controversy can be had by consulting the pleadings in the case. The petition is for the recovery of the value of thirteen head of fancy harness horses (stallions, mares and colts) which were owned by plaintiff and which, it is alleged, defendant, in February, 1892, wrongfully converted to his own use. The answer consists, first, of a- general denial, and further alleges that the horses mentioned and described in the petition were turned over to one Dell Barker, on…
1Opinion of the CourtGill, J.
This case may be disposed of in less space than that taken in its statement. The really debatable questions are few. The evidence clearly establishes a conversion of plaintiff’s property. He intrusted the custody of said thirteen horses to the party in charge of “Richlawn Farm,” to be used in the payment of a stock subscription to a corporation which the owner of said farm said he was about to organize. The corporation was not organized; and instead of returning said property to its owner, as was proper, said custodian took and used the same as his own. Nine of the animals were sold within a…
2Cases cited4 opinions
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- Johnson v. HurleySupreme Court of Missouri · 1893
- Williams v. WallSupreme Court of Missouri · 1875
- Mitchum v. DunlapSupreme Court of Missouri · 1889
3Cited by9 opinions
- Missouri, K. & T. Ry. Co. v. CollierCourt of Appeals for the Eighth Circuit · 1907
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Ward v. D. A. Morr Transfer & Storage Co.Missouri Court of Appeals · 1906
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Kelly v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1905
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