James H. Forbes Tea & Coffee Co. v. Baltimore Bank

In the Circuit Court of Jackson County, Missouri, an action was filed against respondent for conversion of 174 checks made payable to appellant in an amount aggregating $41,675.80. At the close of the appellant’s evidence, the trial court gave an instruction in the nature of a demurrer to the evidence. This appeal is to test the correctness of that ruling.

At the outset, we are met with respondent’s motion to dismiss this appeal. We have examined the same and overruled the motion.

In reviewing the alleged error of the trial court in sustaining the demurrer at the close of appellant’s evidence,…