Grimes v. Thorp
Missouri Court of Appeals
Appeal from Cedar Circuit Court. — Eon. Wm. L. Jarrott, Judge. (1) The colloquium in the third and fourth counts in the petition shows upon the face thereof, in each, count, that the alleged taking in either count was not larceny. Plaintiff was in possession of the com, and merely failed to deliver to defendant. Such failure is not larceny. R. S. 1899, secs. 1898,1910; Kelley’s Crim.
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Appeal from Cedar Circuit Court. — Eon. Wm. L. Jarrott, Judge. (1) The colloquium in the third and fourth counts in the petition shows upon the face thereof, in each, count, that the alleged taking in either count was not larceny. Plaintiff was in possession of the com, and merely failed to deliver to defendant. Such failure is not larceny. R. S. 1899, secs. 1898,1910; Kelley’s Crim. Law, sec. 652; Hall v. Adkins, 59 Mo. 144; State v. Storts, 138 Mo. 127. (2) Since the petition shows upon its face that under the circumstances alleged in each of said third and fourth counts defendant, by the…
1Opinion of the CourtEllison, J.
— The plaintiff brought his action against defendant- charging in four counts that the latter had slandered him. The third and fourth were dismissed by the court and a verdict for plaintiff was had on the first and second, the finding being for both compensatory and exemplary damages on each count, aggregating two thousand dollars. Defendant appealed.
1. The first count states the slander as that plaintiff used this language: “Yes, I did accuse Joe Grimes of stealing my corn, and he did steal it, and by God I can prove it.”
The second count sets out that while plaintiff was residing on…
2Cases cited4 opinions
- State v. ArmstrongSupreme Court of Missouri · 1891
- Trimble v. FosterSupreme Court of Missouri · 1885
- Jones v. MurraySupreme Court of Missouri · 1902
- Sands v. G. W. Marquardt & SonsMissouri Court of Appeals · 1905
3Cited by3 opinions
- State v. SimpsonMissouri Court of Appeals · 1909
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Humphreys v. PileMissouri Court of Appeals · 1910