Legal Opinion

Kieselhorst Piano Co. v. Porter

Missouri Court of Appeals

Decided November 3, 1914PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The court erred in admitting evidence of rental value of piano from date of caption. That is not a legal element of damage herein, • because respondent did not rent another piano for her use pendente lite. She was deprived of the use, namely, loss of pleasure of playing on the piano, but that deprivation cannot be measured by money.

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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The court erred in admitting evidence of rental value of piano from date of caption. That is not a legal element of damage herein, • because respondent did not rent another piano for her use pendente lite. She was deprived of the use, namely, loss of pleasure of playing on the piano, but that deprivation cannot be measured by money. It is wholly speculative and fanciful. 34 Cyc. 1562-3-4; Gras Co. v. Morton, 111 Mich. 407. (2) The court erred in admitting parol proof to contradict or vary note and mortgage, both of which…

1Opinion of the CourtReynolds, P. J.

This action, commenced before a justice of the peace, is a statutory action for' claim and delivery of personal property, replevin, so-called, plaintiff claiming under a chattel mortgage executed by defendant, the chattel mortgage pledging a certain piano which had been bought by defendant of plaintiff, secured a note dated November 30, 1908, signed by defendant, whereby for value received she promised to pay to order of defendant $200, “with *678six per cent interest per annum to maturity; said principal and interest payable $10 cash this date and balance in installments of five or more dollars…

2Cases cited2 opinions

  1. Ely v. SuttonMissouri Court of Appeals · 1913
  2. J. W. Jenkins Sons Music Co. v. JohnsonMissouri Court of Appeals · 1914

3Cited by1 opinion

  1. Stephen Burns, Inc. v. TranthamMissouri Court of Appeals · 1957

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