Legal Opinion

German American Bank v. Brunswig

Missouri Court of Appeals

Decided May 30, 1904PublishedCited by 5 opinions

Appeal from Buchanan Circuit Court. — Hoot. W. K. James, Judge. (1) The allegation that plaintiff delivered and turned over to defendant twenty-five shares of stock is not sustained by evidence that plaintiff delivered to defendant a certificate for forty-five shares, with plaintiff’s assignment thereof to J. W. Cave, indorsed thereon. There was a failure of proof to sustain the cause of action stated in the petition. “The probata must correspond with the allegata.”

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Appeal from Buchanan Circuit Court. — Hoot. W. K. James, Judge. (1) The allegation that plaintiff delivered and turned over to defendant twenty-five shares of stock is not sustained by evidence that plaintiff delivered to defendant a certificate for forty-five shares, with plaintiff’s assignment thereof to J. W. Cave, indorsed thereon. There was a failure of proof to sustain the cause of action stated in the petition. “The probata must correspond with the allegata.” Rutledge y. Railway, 110 Mo. 318; Clements v. Tates, 69 Mo. 625. (2) There was a total failure of evidence to support a finding…

1Opinion of the CourtSmith, P. J.

This is an action which was brought by plaintiff against the defendant to recover damages for the wrongful conversion by the latter of twenty-five shares of stock in the Gordon Foundry and Machine Company — a domestic business corporation— of the par value of one hundred dollars each. The answer was a general denial.

There was a trial by the court without the aid of a jury where the facts which the evidence tended to prove, were that the Gordon Foundry and Machine Company, which we shall hereafter refer to as the machine company, issued in a single certificate forty-five shares of its capital…

2Cases cited7 opinions

  1. Magnin v. . DinsmoreNew York Court of Appeals · 1877
  2. Nanson v. JacobSupreme Court of Missouri · 1887
  3. Daggett v. DavisMichigan Supreme Court · 1884
  4. Salt Springs National Bank v. . WheelerNew York Court of Appeals · 1872
  5. Yale v. SaundersSupreme Court of Vermont · 1844

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Arnold v. PrangeMissouri Court of Appeals · 1976
  2. Sigmund v. LowesMissouri Court of Appeals · 1951
  3. Diehr v. Thompson Chemicals Corp.Missouri Court of Appeals · 1955
  4. Rauch v. BrunswigMissouri Court of Appeals · 1911
  5. Time Plans, Inc. v. Wornall BankMissouri Court of Appeals · 1967

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