Legal Opinion

Huxley v. Hartzell

Supreme Court of Missouri

Decided August 15, 1869PublishedCited by 9 opinions

Error to Fifth District Court„ The instructions refused plaintiff, referred to in the opinion of the court, aro as follows : 1. If the jury believe from the evidence that plaintiff delivered to the defendant, who ivas then in his employment as his servant or clerk, a belt with its contents, to be by him kept, and re-delivered on demand to plaintiff, and that plaintiff afterward demanded said belt and contents from defendant, who refused, without lawful excuse, to deliver the…

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Error to Fifth District Court„ The instructions refused plaintiff, referred to in the opinion of the court, aro as follows : 1. If the jury believe from the evidence that plaintiff delivered to the defendant, who ivas then in his employment as his servant or clerk, a belt with its contents, to be by him kept, and re-delivered on demand to plaintiff, and that plaintiff afterward demanded said belt and contents from defendant, who refused, without lawful excuse, to deliver the same to him, then they will find for the plaintiff. 9. If the jury believe from the evidence that defendant, after he…

1Opinion of the CourtCurrier, Judge

This is an action of tort, founded upon an alleged conversion of personal property. It is brought to recover the value of a *372buckskin belt and contents, alleged to be of the value of some f>700. On the trial it appeared that the plaintiff, in March, 1864, delivered the belt and contents to the defendant for safekeeping, to be returned when called for. Evidence was- given tending to show that the plaintiff, a day or two subsequent to the delivery, demanded a return of the property. This request the defendant refused to comply with unless the plaintiff would first adjust some demand which he…

2Cases cited1 opinion

  1. O'Donoghue v. CorbySupreme Court of Missouri · 1856

3Cited by9 opinions

  1. Daggett v. DavisMichigan Supreme Court · 1884
  2. Neiswanger v. SquierSupreme Court of Missouri · 1880
  3. Kincheloe v. PriestSupreme Court of Missouri · 1886
  4. Handlan Buck Manufacturing Co. v. Stave Electrical Co.Missouri Court of Appeals · 1913
  5. Thompson v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1894

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