Miller v. Bryden
Missouri Court of Appeals
Error to the Iron Circuit Court. — Hon. John L. Thomas, Judge. There was no evidence tending to prove that Fulton or Bryden, or any one else, had possession of the gun at the commencement of this suit; or that John Bryden ever had the gun in his possession by agent or otherwise.
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Error to the Iron Circuit Court. — Hon. John L. Thomas, Judge. There was no evidence tending to prove that Fulton or Bryden, or any one else, had possession of the gun at the commencement of this suit; or that John Bryden ever had the gun in his possession by agent or otherwise. Bowen v. Railroad, 75 Mo. 426 ; Bonnie v. City, 75 Mo. 437; Condon v. Railroad, 78 Mo. 567. Instruction number 6 is erroneous in telling the jury to find the value of the gun at the time it was taken. The jury should have been instructed to assess, and they should have assessed the value of the gun at the time of…
1Opinion of the CourtThompson, J.
This was an action of replevin for a Winchester rifle, originally commenced before a justice of the peace against Z. T. Fulton and John Bryden. On trial anew in the circuit court, there was a verdict in favor of the plaintiff and against the defendant, John Bryden; but the verdict did not dispose of the issue as to the defendant Fulton. The verdict fixed the value of the gun at twenty dollars, and awarded one dollar and *604eighty-six cents as damages for its caption and detention. There was evidence tending to show that the plaintiff had been in the employ of Fulton and Bryden. What was the…
2Cases cited7 opinions
- Curtis v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1873
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1885
- Schweickhardt v. City of St. LouisMissouri Court of Appeals · 1876
- Stevens v. SpringerMissouri Court of Appeals · 1886
- Clark v. FieldMichigan Supreme Court · 1880
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3Cited by17 opinions
- Fawley v. BaileyMissouri Court of Appeals · 1974
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- H. A. Johnson & Co. v. Springfield Ice & Refrigerating Co.Missouri Court of Appeals · 1910
- Spangler-Bowers v. BentonMissouri Court of Appeals · 1935
- Crow v. CrowMissouri Court of Appeals · 1907
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