Deane v. Houser
Missouri Court of Appeals
Appeal from tbe Greene Circuit Court. — Hon. James Tilford Neville, Judge. Plaintiff not being tbe sole owner of tbe property for tbe conversion of wbicb be seeks to recover damages, be can not maintain this action. Mulrow v. Railroad, 62 Mo. App. 431; Deyerle v. Hunt, 50 Mo. App. 541. He could only be damaged to tbe extent of his interest in tbe property converted and a recovery by him would not bar another action by bis co-owner.
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Appeal from tbe Greene Circuit Court. — Hon. James Tilford Neville, Judge. Plaintiff not being tbe sole owner of tbe property for tbe conversion of wbicb be seeks to recover damages, be can not maintain this action. Mulrow v. Railroad, 62 Mo. App. 431; Deyerle v. Hunt, 50 Mo. App. 541. He could only be damaged to tbe extent of his interest in tbe property converted and a recovery by him would not bar another action by bis co-owner. An action .for damages for tbe conversion of personal property is maintainable only wben it appears: First, that the plaintiff is tbe owner of tbe property;…
1Opinion of the CourtBiggs, J.
This is an action for damages for tbe alleged conversion of a piano. The defendant claimed at the trial that be bad seized and sold tbe piano under a mortgage executed by plaintiff. Tbe reply to this was that tbe debt or obligation secured by the mortgage was tainted with usury, and that consequently the mortgage was void.
There was evidence tending to prove these facts: In 1897, one W. E. Mauzey was engaged in tbe city of Springfield in loaning money for bis clients in small sums, secured by chattel mortgages. He charged notary fees for preparing and executing tbe papers and also bis…
2Cited by2 opinions
- Edlen v. TweedMissouri Court of Appeals · 1956
- Grant v. HathawayMissouri Court of Appeals · 1906