Legal Opinion

Knapp v. Knapp

Missouri Court of Appeals

Decided April 10, 1906Published

Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The general rule of law applicable to the last proposition is clearly stated in 14 Am. and Eng. Ency. of Law (2 Ed.), page 273, et seq. And this has been the rule in Missouri (as.announced not only by the Supreme Court, but by both Court of Appeals), almost since Missouri became a State.

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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The general rule of law applicable to the last proposition is clearly stated in 14 Am. and Eng. Ency. of Law (2 Ed.), page 273, et seq. And this has been the rule in Missouri (as.announced not only by the Supreme Court, but by both Court of Appeals), almost since Missouri became a State. Brown, Adm., v. Finley, 18 Mo. 378. In this case it was pointed out that this rule obtained everywhere, except in States having peculiar statutes on the subject, and it was expressly held that an administrator could not recover…

1Opinion

ON MOTION FOE REHEARING AND TO TRANSFER TO SUPREME COURT.

NORTONI, J. —

The learned counsel for appellant insists, seemingly with much earnestness, in their motion to transfer this case to the Supreme Court, that the adjudication herein is in conflict with Coleman v. Lipscomb, 18 Mo. App. 443, decided by the Kansas City Court of Appeals, wherein it was held the law is well settled that in order to constitute a bailment, the parties must have intended that there should be a return or delivery of the identical article bailed, and also as being in conflict with the decision of that court in Corn…

2Cases cited26 opinions

  1. Spring Co. v. KnowltonSupreme Court of the United States · 1881
  2. Block v. DarlingSupreme Court of the United States · 1891
  3. Merry v. FremonSupreme Court of Missouri · 1869
  4. Crook v. TullSupreme Court of Missouri · 1892
  5. George v. WilliamsonSupreme Court of Missouri · 1858

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