Koelling v. August Gast Bank Note & Lithographing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». Selden P. Spencer, Judge. (1) The court should have given the instructions ■asked by plaintiff. The deliveries to Filley and to plaintiff were effective.
Read the full summary
Appeal from St. Louis City Circuit Court. — Ho». Selden P. Spencer, Judge. (1) The court should have given the instructions ■asked by plaintiff. The deliveries to Filley and to plaintiff were effective. “Symbolic delivery by bill ■of sale is sufficient to vest title and a right to replevy. ’ ’ ■Collins v. Wayne Lumber Co., 128 Mo. 451. (2) Possession by agent is actual, not constructive possession by the principal, and will support a possessory warrant by the latter against one who wrongfully take possession. Cobbey on Replevin, sec. 108. (3) It is not essential that the plaintiff should ever…
1Opinion of the CourtReyburn, J.
— This, an action in replevin, first brought before a justice of the peace in the city of St. Louis, was appealed by the defendants August Gast Bank Note and Lithographing Company, Louis J. "VY. "Wall and Joseph B. Ambs, to the circuit court, where March 12, 1902, upon trial before a jury, a verdict and judgment were rendered in their favor. The defendant lithographing company claims title to the property by foreclosure of a chattel mortgage executed by the Good Government Republican League Club, and plaintiff derives his title through a’ bill of sale executed by Chauncey I. Filley. In…
2Cited by1 opinion
- Koelling v. August Gast Bank Note & Lithographing Co.Missouri Court of Appeals · 1903