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Allen v. McMonagle
77 Mo. 478
Mo.
1883
Check Treatment

Sherwood, J.

The 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.

Taken 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.

Case Details

Case Name: Allen v. McMonagle
Court Name: Supreme Court of Missouri
Date Published: Apr 15, 1883
Citation: 77 Mo. 478
Court Abbreviation: Mo.
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