Lumsden v. Howard
Missouri Court of Appeals
Appeal from Circuit Court of New Madrid County. — Hon. Sterling H. McCarty, Judge. (1) Replevin will lie for the recovery of goods sold but not delivered even tbougb mixed, if of the same nature and a division of equal value can be made, such, as in the case of oats, wheat or corn, and each party may recover his aliquot part. 2 McQuillin’s Missouri Practice, page 1290, sec. 2093; Kaufman v. Schilling, 58 Mo. 218; Groff v. Belche, 62 Mo. 400; Huff v. Henry, 57 Mo.
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Appeal from Circuit Court of New Madrid County. — Hon. Sterling H. McCarty, Judge. (1) Replevin will lie for the recovery of goods sold but not delivered even tbougb mixed, if of the same nature and a division of equal value can be made, such, as in the case of oats, wheat or corn, and each party may recover his aliquot part. 2 McQuillin’s Missouri Practice, page 1290, sec. 2093; Kaufman v. Schilling, 58 Mo. 218; Groff v. Belche, 62 Mo. 400; Huff v. Henry, 57 Mo. App. 341; Mine. Co. v. White, 106 Mo. App. 222, 80 S. W. 356; Sikes v. Freeman, 204 S. W. 948. (2) Title to the corn passed to…
1Opinion of the CourtBradley, J.
This cause is in replevin for 319 bushels of corn. Defendant gave a delivery bond and retained the corn. A jury trial resulted in a verdict for defendant, and plaintiff appealed.
The petition and affidavit are in the usual form. The answer is a general denial. Plaintiff claims that on March 13, 1920, he bought 350 bushels of corn from defendant, and paid $50 down. Defendant claims that he sold plaintiff no certain number of bushels; that he did sell plaintiff some corn, but that plaintiff got all he bought and all that defendant sold to him. Other necessary facts will appear in the course of…
2Cases cited8 opinions
- Kaufmann v. SchillingSupreme Court of Missouri · 1874
- Culbertson v. HillSupreme Court of Missouri · 1885
- Woodburn v. CogdalSupreme Court of Missouri · 1866
- Groff v. BelcheSupreme Court of Missouri · 1876
- Bauer Grocery Co. v. Sanders & HenrichMissouri Court of Appeals · 1898
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3Cited by3 opinions
- Nelson v. EvansSupreme Court of Missouri · 1936
- Aly v. Terminal Railroad Assn.Supreme Court of Missouri · 1935
- Sheehan v. Terminal Railroad Assn.Supreme Court of Missouri · 1935