81 Mo. App. 277 | Mo. Ct. App. | 1899
This -action is replevin wherein plaintiff seeks to recover the possession of a “twelve-horse-power electric motor.” Defendant is the sheriff of Buchanan county and claims possession of the property under a levy of a writ of attachment issued at the instance of the Graham Paper Company against the St. Joseph Times Printing & Publishing Company. The trial court directed a verdict for defendant..
The plaintiff’s claim of title is that it sold the motor to George C. Crowther individually, he, however, being president of the Times Printing Company with the understanding and agreement that Crowther would execute to it a note for the purchase price secured by chattel -mortgage on the motor. Crowther refused, or at least failed to do this after repeated demands that he should do so. Plaintiff did not take any steps to reclaim the property or disaffirm the sale until several months afterwards and after the levy of the attachment writ. The printing company took possession and exercised acts-of ownership over the property and claimed title thereto through said Crowther, who was its president.
The court’s peremptory instruction for defendant was based on the idea that while plaintiff may have had the right
This view renders unnecessary any comment on other suggestions found in plaintiff’s brief. The judgment is affirmed.