Cory v. Interstate Securities Co.

• Citation: 99 S.W.2d 861
• Decision Date: 28 December 1936
• Docket Number: No. 5786.,5786.
• Court: Court of Appeal of Missouri (US)
• Parties: CORY et al. v. INTERSTATE SECURITIES CO.

99 S.W.2d 861

CORY et al. v. INTERSTATE SECURITIES CO.

No. 5786.

Springfield Court of Appeals. Missouri.

December 28, 1936.

Error to Circuit Court, Jasper County; Wilbur J. Owen, Judge.

"Not to be published in State Reports."

Suit by C. E. Cory against the Interstate Securities Company. C. E. Cory having been convicted of violating the state liquor laws and having been sentenced to imprisonment in the state penitentiary, Mrs. Naoma Cory was appointed trustee of C. E. Cory and substituted as plaintiff. Defendant's appeal from a judgment for plaintiff was dismissed for failure to comply with the rules of the Court of Appeals, and to review the judgment for plaintiff, defendant brings error.

Reversed and remanded for another trial.

A. H. Garner and George V. Farris, both of Joplin, for defendant in error.

Jenkins & Vance, of Kansas City, and Clifford H. Casey, of Joplin, for plaintiff in error.

SMITH, Judge.

This is a suit in conversion based upon the following petition, caption and signature omitted:

"Plaintiff states that the defendant is and was at all the times hereinafter mentioned, a corporation organized and existing under the laws of the state of Missouri, and liable to sue and to be sued as such.

"Plaintiff states that on the ____ day of June, 1933, he was lawfully possessed as of his own property a certain automobile, to-wit, Chevrolet, sport coupé, 1933 Model, Engine No. 3447996, which said automobile was then and there of the value of Seven Hundred Fifty Dollars ($750.00). That afterwards, to-wit, on the ____ day of June, 1933, the said defendant, through its agents, servants and employees, without authority of law unlawfully converted the said automobile to its own use, and took same from plaintiff's possession, all to plaintiff's damage in the sum of Seven Hundred Fifty Dollars ($750.00).

"This cause of action accrued and the injuries complained of were committed in Jasper county, Missouri.

"Wherefore, plaintiff prays judgment against the defendant in the sum of Seven Hundred Fifty Dollars ($750.00), and for the costs of this action."

The answer filed was a general denial.

In the further consideration of this case, we shall refer to Cory as the plaintiff and the insurance company as the defendant.

After this suit was filed, C. E. Cory was convicted of violating the liquor laws of the state and was sentenced to four years imprisonment in the state penitentiary, and upon a proceeding in the circuit court Mrs. Naoma Cory was appointed trustee of C. E. Cory and substituted as plaintiff.

The case was tried to a jury which returned a verdict for the plaintiff in the sum of $300, and judgment was entered accordingly. Motion for new trial was filed and...