R. C. Stone Milling Co. v. McWilliams
Missouri Court of Appeals
Appeal from Newton Circuit Court. — lion. F. (J. Johnston, Judge. Statement. — This action is to recover seven hundred and seven dollars and seventy-two cents, the value of ten hundred and fifteen bushels of wheat, alleged to have been embezzled and converted by defendants.
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Appeal from Newton Circuit Court. — lion. F. (J. Johnston, Judge. Statement. — This action is to recover seven hundred and seven dollars and seventy-two cents, the value of ten hundred and fifteen bushels of wheat, alleged to have been embezzled and converted by defendants. An attachment in aid of the suit was issued on an affidavit alleging: “This action is brought for injuries arising from the commission óf a felony by the defendants, in this, that defendants embezzled and converted to their own use the property of plaintiff, to the value of seven hundred and seven dollars and seventy-two…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. It is contended that instruction numbered 1 required plaintiff to make a prima facie case, to prove by a preponderance of the evidence, first, the amount of wheat purchased by defendants on plaintiff’s account; second, the amount shipped, and, third, a demand for the difference between the amount shipped and the amount received, and the refusal on the part of defendant to account for the shortage. The first proposition of the instruction is that if defendants shipped plaintiff all the wheat bought by them for plaintiff, the verdict should be for the defendants.…
2Cases cited1 opinion
- Home Lumber Co. v. HartmanMissouri Court of Appeals · 1891
3Cited by4 opinions
- Zagarri v. NicholsSupreme Court of Missouri · 1968
- Holtz v. Daniel Hamm Drayage Co., Inc.Supreme Court of Missouri · 1948
- Wilson v. PeopleSupreme Court of Colorado · 1938
- Freeman v. De HartMissouri Court of Appeals · 1957