Klie v. Wellman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. (1) Under the facts stated in the petition plaintiff is not entitled to maintain this action: (a) Money alleged to have been paid to officer by plaintiff was with the knowledge at the time of payment that it was to he applied by the officer in payment of debt due from another. 10 Am. & Eng. Ency. of Law, p. 344; Claflin v. McDonough, 33 Mo. 412; Brewing Co. v. St. Louis, 187 Mo. 367; 22 Am. & Eng.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. (1) Under the facts stated in the petition plaintiff is not entitled to maintain this action: (a) Money alleged to have been paid to officer by plaintiff was with the knowledge at the time of payment that it was to he applied by the officer in payment of debt due from another. 10 Am. & Eng. Ency. of Law, p. 344; Claflin v. McDonough, 33 Mo. 412; Brewing Co. v. St. Louis, 187 Mo. 367; 22 Am. & Eng. Ency. of Law, p. 616. _ (b) Plaintiff has pursued the wrong remedy as sees. 2317, 2345 and 4551, R. S. 1909, provide the…
1Opinion of the CourtAllen, J.
This is an action against a constable, defendant Wellman, and his codefendant, Stark Distillery Company, a corporation, at whose instance the constable acted, to recover damages, compensatory and punitive, for an alleged wrongful levy upon plaintiff’s property. There was a judgment against defendant. Stark Distillery Company alone, for $40.60 actual and $100 punitive damages, and the case is here upon its appeal.
On December 16, 1911, one Risz, who owned and operated a saloon in the city of St. Louis, and who was indebted to defendant Stark Distillery Company, sold the saloon to plaintiff for…
2Cases cited10 opinions
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Wright v. McCormickSupreme Court of Missouri · 1878
- Bishop v. O'ConnellSupreme Court of Missouri · 1874
- Revercomb ex rel. Swift v. DukerMissouri Court of Appeals · 1898
- Reynolds v. BeckMissouri Court of Appeals · 1904
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