Roach v. St. Louis Type Foundry
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, George. W. Lubice, Judge. To maintain trover and conversion, the plaintiff must show that at the time of the conversion he had a special property in the goods converted, and the actual possession thereof, or the legal title thereto, and the right of possession.
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Appeal from the St. Louis Circuit Court, George. W. Lubice, Judge. To maintain trover and conversion, the plaintiff must show that at the time of the conversion he had a special property in the goods converted, and the actual possession thereof, or the legal title thereto, and the right of possession. Parker v. Rodes, 79 Mo. 91; Stevenson v. Fitzgerald, 47 Mich. 166; Stephenson v. Little, 10 Mich. 433; Middlesworth v. Sedgwick, 10 Cal. 392; Sheldon v. Soper, 14 Johns. 352; 2 Greenl. Ev., 683, sect. 636; 7 Chit. Pl. (9 Am. Ed.) 148, 150, 151; Clark v. Skinner, 20 Johns. 465; McCurdy v. Brown,…
1Opinion of the CourtRombauer, J.
The action is trover. The plaintiff is trustee in a deed of trust securing the payment of two notes, one of which is held by the defendant, the other by one Wood, whom the plaintiff represents as trustee. Both notes are overdue. The property covered by the deed of trust, consisting of type and printers’ material, is in the defendant’s possession in the city of St. Louis, and was demanded by the plaintiff of the defendant prior to the institution of the suit.
The defence rests on two grounds: Hirst. That the plaintiff has no interest in the property because the note held by Wood is paid, and…
2Cases cited11 opinions
- Willis v. MooreTexas Supreme Court · 1883
- Duty v. GrahamTexas Supreme Court · 1854
- White v. National BankSupreme Court of the United States · 1881
- McCoy v. HyattSupreme Court of Missouri · 1883
- Lacey v. GiboneySupreme Court of Missouri · 1865
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3Cited by7 opinions
- Hartmann v. Louisville & Nashville RailroadMissouri Court of Appeals · 1890
- Hatch v. HansonMissouri Court of Appeals · 1891
- Logan v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
- Kreher v. MasonMissouri Court of Appeals · 1889
- Jobe, Admx. v. Buck and MoselyMissouri Court of Appeals · 1930
2 more not listed; retrieve them via the Exa API.