Citizens' Bank v. Tiger Tail Mill & Land Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. P. R. Elitcraft, Judge. (1) Plaintiff’s petition is sufficient. The material averments in an action of trover are ownership or possession of the property in the plaintiff and its wrongful taking and conversion by defendant. 26 Am. and Eng.
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Appeal from St. Louis City Circuit Court. — Hon. P. R. Elitcraft, Judge. (1) Plaintiff’s petition is sufficient. The material averments in an action of trover are ownership or possession of the property in the plaintiff and its wrongful taking and conversion by defendant. 26 Am. and Eng. Ency. of Law, 744-767 and 801; Kniffer v. Blumenthal, 107 Mo. 665. (2) The lien of defendant as vendor, upon the lumber in controversy otherwise conferred by legal implication was expressly waived by the provisions of the contract of sale, by the continuance and extension of credit to the Southern Company by…
1Opinion of the CourtBurgess, J.
This is an action of trover for eighty-six piles of cottonwood lumber, of the alleged value- of $5,000, of which plaintiff claims to have been the owner, and which it alleges was wrongfully converted by defendant to its own use.
The petition alleges, “That, heretofore, to wit, on the twenty-eighth day of August, 1893, and ever since, plaintiff became, has been and now is, the owner of eighty-six piles of cottonwood lumber, known as and numbered one to eighty-six, both numbers inclusive, situated in the yard of defendant at Tiger Tail, Tennessee, and altogether containing six hundred and…
2Cases cited1 opinion
- Bank of Little Rock v. FisherMissouri Court of Appeals · 1893
3Cited by16 opinions
- Schwald v. BrunjesMissouri Court of Appeals · 1909
- Golden v. MooreMissouri Court of Appeals · 1907
- O'Toole v. LowensteinMissouri Court of Appeals · 1913
- Sebastian County Coal & Mining Co. v. Fidelity Fuel Co.Supreme Court of Missouri · 1925
- Coleman v. ReynoldsSupreme Court of Missouri · 1907
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