Nicholson v. Couch
| Decision Date | 31 October 1880 |
| Citation | 72 Mo. 209 |
| Parties | NICHOLSON v. COUCH, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Buchanan Circuit Court.--HON. JOS. P. GRUBB, Judge.
REVERSED.
Strong & Mosman for appellant.
B. R. Vineyard for respondent.
This was an action for the alleged conversion, by defendant, of certain agricultural implements belonging to plaintiff, estimated by him to be worth $240. The verdict was for the plaintiff for $205.50. The question as to the ownership of the property was submitted to the jury under instructions, substantially correct and fair to both sides. The sixth instruction asked by defendant is the only one, the refusal of which is seriously objected to, but it was given in substance in the seventh, with a slight change of phraseology. The amount of the verdict for the plaintiff was, however, excessive, according to the highest estimates of the witnesses in regard to value, and the judgment must, therefore, be reversed. The judgment will be entered here for $146. Judgment reversed, and judgment entered here.
The other judges concur.
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Bertram v. Peoples Railway Company
...should therefore be reversed. Benson v. Railroad, 78 Mo. 504; Marshall v. Railroad, 78 Mo. 610; Parsons v. Railroad, 94 Mo. 286; Nicholson v. Couch, 72 Mo. 209; v. Railroad, 46 Mo.App. 380; Tucker v. Railroad, 66 Mo.App. 141. (3) The judgment in the case at bar can not stand, because where ......
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St. Paul Machinery Manufacturing Co. v. Henry Gaus & Sons Manufacturing Co.
... ... [Taunton Mfg. Co. v. Smith, 9 ... Pick. 11; Bagby v. Lewis, 2 Monroe 76; Chambers ... v. Collier, 4 Geo. 193.] ... "Nicholson ... v. Couch, 72 Mo. 209, was an action for conversion. The ... judgment was reversed because the damages assessed were ... excessive. NORTON, J., ... ...
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City of Kansas v. Morse
... ... confiscation of property, but is circumscribed and restrained ... by reason and justice. Nicholson v. Couch, 72 Mo ... 209; Watson v. Harmon, 85 Mo. 446; Garrett v ... Greenwell, 92 Mo. 125 ... R. L ... Yeager, W. S ... ...
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Morley v. Weakley
...favor of whom the judgment is rendered, offers to remit the excess, but will correct the judgment. Tilford v. Ramsey, 43 Mo. 420; Nicholson v. Couch, 72 Mo. 209; Miller v. Hardin, 64 Mo. 545; Clark v. Bullock, 65 Mo. 535; Peck v. Childers, 73 Mo. 484. (8) The court, in construing the charte......