Central Manufacturing Co. v. Montgomery
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. (1) The defendant’s motion in arrest of judgment should have been sustained on the point that each count of the respondent’s petition is fatally defective in not alleging that the respondent had the possession or the right to the immediate possession of the money charged to have been converted, and therefore fails to state a cause of action; the omission of such an essential aliegation being a…
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Appeal from the St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. (1) The defendant’s motion in arrest of judgment should have been sustained on the point that each count of the respondent’s petition is fatally defective in not alleging that the respondent had the possession or the right to the immediate possession of the money charged to have been converted, and therefore fails to state a cause of action; the omission of such an essential aliegation being a defect that is not cured by verdict. Bank v. Land Co., 152 Mo. 145; House Fur. Co. v. Wallace, 21 Mo. App. 128; Golden v.…
1Opinion of the CourtGray, J.
Plaintiff commenced this action to the February term, 1906, of the St. Louis Circuit Court, by filing its petition, in three counts. The first count charges that plaintiff is a corporation organized under the laws of Missouri, and that the defendant is the executrix of the estate of P. H. Montgomery, deceased; that on the 7th day of July, 1902, said P. H. Montgomery being then the President of the plaintiff corporation and in full and sole charge of the business affairs and accounts of said company, wrongfully appropriated to his own use the sum of five hundred dollars of the money of…
2Cases cited15 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Ward v. DavidsonSupreme Court of Missouri · 1886
- McKinney v. NorthcuttMissouri Court of Appeals · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Simpson v. SpellmanMissouri Court of Appeals · 1975
- Cook v. SmithMissouri Court of Appeals · 1918
- Elliott v. SullivanMissouri Court of Appeals · 1911
- Schneider v. JohnsonMissouri Court of Appeals · 1912
- Brookline Canning & Packing Co. v. EvansMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.