Wheeler v. R. L. McDonald & Co.
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court erred in giving instruction number 3, asked by plaintiff, declaring the law to be that “plaintiff is entitled to six per cent interest on the value of the stock of goods shown by the evidence to have been converted from the date of the seizure and conversion February 2, 1888;” and in given plaintiff’s instruction number 7, to the same effect.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court erred in giving instruction number 3, asked by plaintiff, declaring the law to be that “plaintiff is entitled to six per cent interest on the value of the stock of goods shown by the evidence to have been converted from the date of the seizure and conversion February 2, 1888;” and in given plaintiff’s instruction number 7, to the same effect. R. S. 1889, sec. 4430; State ex rel. v. Hope, 121 Mo. 34; Hawkins v. Press Brick Co., 63 Mo. App. 64, 68; Carson v. Smith, 133 Mo. 606, 615-616. (2) “Where the claim is…
1Opinion of the CourtSmith, P. J.
Cash & Haines sold and delivered to plaintiff a stock of goods. Afterwards, McDonald & Company with three other creditor firms of Cash *215& Haines each brought a suit of attachment against the latter and caused the sheriff to levy their writs on the plaintiff’s stock of goods. The plaintiff inter-pleaded in the attachments claiming to be the owner and entitled to the possession of the said stock of goods so levied on. The plaintiff’s claim was sustained and judgment given accordingly for him on each of the suits. The sheriff, under an order of the court, had, in the meantime, sold the…
2Cases cited4 opinions
- Carson v. SmithSupreme Court of Missouri · 1896
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
- Lowenstein & Thomas v. Wabash RailroadMissouri Court of Appeals · 1895
3Cited by7 opinions
- Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
- Simpson v. BantleyMissouri Court of Appeals · 1910
- Vermillion v. LeClareMissouri Court of Appeals · 1901
- Amber v. DavisMissouri Court of Appeals · 1926
- State ex rel. First National Bank v. Seavey & FlarsheimMissouri Court of Appeals · 1909
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