Hilgert v. Levin
Missouri Court of Appeals
Appeal from the Buchanan. Circuit Court. — Hon. T. H. Parish, Judge. (1) There was evidence at least tending to show that plaintiff purchased the stud of Lowenstein, to whom defendant had sold it. Such purchase was an affirmation of defendant’s sale, and he can not now allege the sale was tortious. The instruction given wholly ignoréd this phase of the case. (2) But the act of 1891 does not apply.
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Appeal from the Buchanan. Circuit Court. — Hon. T. H. Parish, Judge. (1) There was evidence at least tending to show that plaintiff purchased the stud of Lowenstein, to whom defendant had sold it. Such purchase was an affirmation of defendant’s sale, and he can not now allege the sale was tortious. The instruction given wholly ignoréd this phase of the case. (2) But the act of 1891 does not apply. That act was designed to supersede Revised Statutes, section 5976, which it repealed, but which two days later was re-enacted with a modification as to the rate of interest. Session Acts 1891, pp.…
1Opinion of the CourtEllison, J.
This action is for the conversion of a diamond shirt stud valued at $200. Defendant is a pawnbroker and her defense is placed principally on that ground. The case shows that as such broker she loaned plaintiff $65 (defendant says $70) for thirty days and received the diamond in pledge. After the expiration of the time the loan was twice renewed. After the expiration of sixty days from the expiration of the last renewal she sold the jewel to one Lowenstein. Plaintiff tendered defendant the sum of $75, being in full of the principal and interest due defendant, and demanded the pledge. It being…
2Cases cited2 opinions
- American Rubber Co. v. WilsonMissouri Court of Appeals · 1894
- Dymock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1893
3Cited by5 opinions
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