German American Bank v. Brunswig
Missouri Court of Appeals
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.”
Read the full summary
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
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Nanson v. JacobSupreme Court of Missouri · 1887
- Daggett v. DavisMichigan Supreme Court · 1884
- Salt Springs National Bank v. . WheelerNew York Court of Appeals · 1872
- Yale v. SaundersSupreme Court of Vermont · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Arnold v. PrangeMissouri Court of Appeals · 1976
- Sigmund v. LowesMissouri Court of Appeals · 1951
- Diehr v. Thompson Chemicals Corp.Missouri Court of Appeals · 1955
- Rauch v. BrunswigMissouri Court of Appeals · 1911
- Time Plans, Inc. v. Wornall BankMissouri Court of Appeals · 1967