Summers v. Baker
Missouri Court of Appeals
Appeal from St. Louis City Court. — Hon. Daniel D. Fisher, Judge. The court erred in giving instruction No. 1 for the plaintiff for two reasons: first, that said instruction permitted the plaintiff to' recover, when the evidence disclosed that the legal title to the, property described in the petition was in the defendant at the time of the alleged conversion; and second, that said instruction provides an improper measure of the damages even were plaintiff entitled to…
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Appeal from St. Louis City Court. — Hon. Daniel D. Fisher, Judge. The court erred in giving instruction No. 1 for the plaintiff for two reasons: first, that said instruction permitted the plaintiff to' recover, when the evidence disclosed that the legal title to the, property described in the petition was in the defendant at the time of the alleged conversion; and second, that said instruction provides an improper measure of the damages even were plaintiff entitled to recover. Edmonson v. Jones, 96 Mo. App. 83; Robinson v. Campbell, 8 Mo. 364; Lacey v. Gibbony, 36 Mo. 320; Bowens v. Benson,…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — The defendant contends, and we think rightly, that the court erred in giving instructions numbered one and four. These instructions would allow plaintiff to recover upon a mere showing that she was the owner of the goods and that defendant converted them to his own use. That is not sufficient in an action for the conversion of personal property. Plaintiff must have shown that she also had the possession or the right to the immediate possession of the goods. [Bank v. Tiger Tail Mill and Land Co., 152 Mo. 145, 157, 53 S. W. 902; Schwald v. Brunjes, 139 Mo. App. 516,…
2Cases cited3 opinions
- Citizens' Bank v. Tiger Tail Mill & Land Co.Supreme Court of Missouri · 1899
- Schwald v. BrunjesMissouri Court of Appeals · 1909
- Thomas v. RamseyMissouri Court of Appeals · 1891
3Cited by2 opinions
- Cook v. SmithMissouri Court of Appeals · 1918
- Kolkmeyer v. J. S. Merrell Drug Co.Missouri Court of Appeals · 1911