Walsh v. Sichler
Missouri Court of Appeals
Appeal from Moberly Common Pleas Court, Hon. Q-. Burokhartt, Judge. Statement of case by the court. This is an action of conversion. The petition is as-follows: “Plaintiff for his cause of action against defendant complains and alleges: That on the-day of-> 1883, he rented of defendant a certain building, situated on lots number twenty-three and twenty-four, in block number thirteen, in the original town of Moberly, Missouri, and occupied the same as a cigar store.
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Appeal from Moberly Common Pleas Court, Hon. Q-. Burokhartt, Judge. Statement of case by the court. This is an action of conversion. The petition is as-follows: “Plaintiff for his cause of action against defendant complains and alleges: That on the-day of-> 1883, he rented of defendant a certain building, situated on lots number twenty-three and twenty-four, in block number thirteen, in the original town of Moberly, Missouri, and occupied the same as a cigar store. That afterwards, to-wit: On the-day of -, 1883, he caused to be placed in the said building, at his own expense, shelving and…
1Opinion of the CourtPhilips, P. J.
I. This is an action of trover, or for conversion. The plaintiff claims that when the conversion took place, the property belonged to him as fixtures, part of which was placed in the building by the tenant of defendant, from whom he claims to have bought it, and a part of which he placed in the building after he had entered under defendant’s lessee.
I understand the law to be, that to maintain the action of trover there must be either a taking from the owner, or an unwarranted assumption of control and ownership over the thing, or an illegal use or abuse of it, or proof of demand and refusal…
2Cases cited8 opinions
- Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
- Yale v. SaundersSupreme Court of Vermont · 1844
- Preston v. BriggsSupreme Court of Vermont · 1844
- Davis v. BuffumSupreme Judicial Court of Maine · 1863
- Bircher v. ParkerSupreme Court of Missouri · 1869
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3Cited by5 opinions
- Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
- Blackwell Printing Co. v. Blackwell-Wielandy Co.Supreme Court of Missouri · 1969
- Kreher v. MasonMissouri Court of Appeals · 1889
- Hopper v. VanceMissouri Court of Appeals · 1887
- Walker v. LewisMissouri Court of Appeals · 1910