Ward v. D. A. Morr Transfer & Storage Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Brtimback, Judge. (1) This is an. action for conversion, pure and simple, upon the sole ground that plaintiff was not given personal notice, and the peremptory instruction should have been given. Bank v. Brunswig, 107 Mo.
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Appeal from Jackson Circuit Court. — Hon. Hermann Brtimback, Judge. (1) This is an. action for conversion, pure and simple, upon the sole ground that plaintiff was not given personal notice, and the peremptory instruction should have been given. Bank v. Brunswig, 107 Mo. App. 405; Dugitt v. Davis, 53 M'ick. 35 ; Maguire v. Dinsmore, 70 N. Y. 410. (2) In this connection we desire to call the court’s attention to the fact that it was error on the part of the trial court to have submitted to the jury the question as to whether or not defendant knew plaintiff’s address. There is no evidence in…
1Opinion of the CourtEllison, J.
The defendant is a general storage and Avarehouse company in Kansas City, Missouri, and the plaintiff, then residing at that place, on March 11, 1903, stored Avith it a lot of household goods Avhich she charged it Avith converting and brought this action for conversion. She prevailed in the trial court by a judgment for if434.75.
The defendant sold the goods at public auction and claims the statute (sec. 10571, Revised Statutes 1899) *86as authority therefor. It reads as follows: “If the owner of any goods, merchandise or other property shall store the same in any warehouse created by this…
2Cases cited6 opinions
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- Davis v. FieldSupreme Court of Vermont · 1884
- Pier v. HeinrichshoffenSupreme Court of Missouri · 1877
- Freeman v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1902
- McLachlin v. BarkerMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. BradleySupreme Court of Missouri · 1950
- Gardner v. Springfield Gas & Electric Co.Missouri Court of Appeals · 1911
- Armour & Co. v. American Automobile InsuranceSupreme Court of Missouri · 1935
- Samuel Hardin Grain Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- United States Fidelity & Guaranty Co. v. W. P. Carmichael Co.Missouri Court of Appeals · 1916
10 more not listed; retrieve them via the Exa API.