Legal Opinion

Engel v. Dressel

Missouri Court of Appeals

Decided May 3, 1887PublishedCited by 3 opinions

Appeal from the Greene County, Circuit Court, James R. Vaughan, Judge. The facts, as set out in the record, do not constitute a case of bailment. To charge one as bailee, he must have an exclusive possession.

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Appeal from the Greene County, Circuit Court, James R. Vaughan, Judge. The facts, as set out in the record, do not constitute a case of bailment. To charge one as bailee, he must have an exclusive possession. Story on Bailments, sects. 2 and 55 ; Nesbet v. BanJc and Trust Co., 12 Fed. 886. Even if the evidence made out a case of'bailment, the plaintiff having declared for money had and received, must be held to proof of actual delivery and actual conversion. 3 Greenl. on Evid. 117, and note ; Kincheloe v. Priest, 5 West. Rep. 354; s. c., 89 Mo. 240; McCarthy v. Wolfe, 40 Mo. 520; Beardslee v.…

1Opinion of the CourtThompson, J.

The plaintiff brought this action to recover one hundred and ninety dollars, money had and received of the plaintiff by the defendant, etc. An auxiliary attachment was issued and levied upon land belonging to the defendant. The defendant failed to appear and plead, but John Tiede, another attaching creditor, appeared and defended under the statute. Rev. Stat., sect. 447. The statute provides that, “when the defendant has been notified by publication, and does not appear, any plaintiff, in the circumstances contemplated in this section, may make any defence to any previous attachment, or to…

2Cases cited3 opinions

  1. Wiser v. ChesleySupreme Court of Missouri · 1873
  2. Dudley v. McCluerSupreme Court of Missouri · 1877
  3. Battel v. CrawfordSupreme Court of Missouri · 1875

3Cited by3 opinions

  1. Handlan Buck Manufacturing Co. v. Stave Electrical Co.Missouri Court of Appeals · 1913
  2. Home Lumber Co. v. HartmanMissouri Court of Appeals · 1891
  3. Linn County v. Farmers' & Merchants' BankSupreme Court of Missouri · 1903

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