Allen v. McMonagle

Decided April 15, 1883

Supreme Court of Missouri · decided 1883-04-15

— Hon. E. J. Broaddus, k Judge. Action commenced before a justice of the .peace on the following account: “ 1879, John McMonagle Ur. to S. W. Allen, To nine head of sheep, $25.” In the justice’s court there was no other statement of plaintiff’s cause of action.

Relies on State ex rel. Wolff v. Berning · Williams v. Wall · Hale v. Van Dever

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1883-04-15

How this case has been cited

Cited by 18 later decisions — most recently July 1928

18 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Sherwood, J.

¶2The case of Hale v. Van Dever, 67 Mo. 732, is decisive of the sufficiency of the statement filed with the justice, or if that were insufficient, of the right to amend the statement in the circuit court; that such amendment did not change the cause of action.

¶3Taken as a whole, we discover no objections to the instructions given, and no error in refusing those which were refused. There was evidence sufficient to go to the jury, tending to show a conversion. Any wrongful taking or assumption of a right to control or dispose of property, constitutes a conversion; Any wrongful act, which negatives or is inconsistent with the plaintiff’s right, is per se a conversion. Williams v. Wall, 60 Mo. 318; State v. Berning, 74 Mo. 87. Therefore, judgment affirmed.

All concur.