Sullivan v. Gault, No. 211366.

CourtMissouri Court of Appeals
Writing for the CourtSutton
Citation299 S.W. 1116
PartiesSULLIVAN v. GAULT et al.
Decision Date06 December 1927
Docket NumberNo. 211366.
299 S.W. 1116
SULLIVAN
v.
GAULT et al.
No. 211366.
St. Louis Court of Appeals, Missouri.
December 6, 1927.

Appeal from Circuit Court, Franklin County; R. A. Breuer, Judge.

"Not to be officially published."

Action by Sarchie Sullivan against Gault and another. Judgment for plaintiff, and defendants appeal. Reversed and remanded.

Virginia J. Booth and James Booth, both of Pacific, and F. W. Jenny, of Union, for appellants.

W. L. Cole, of Union, for respondent.

SUTTON, C.


This is an action in trover for the conversion of a Ford automobile. The trial, with a jury, resulted in a verdict and judgment for plaintiff, and defendants appeal.

On November 6, 1926, Mrs. L. A. Bruns, of Gray Summit, Franklin county, Mo., was the owner of the automobile for which this suit is brought, and held a certificate of title thereto, issued by Oscar G. Steininger, commissioner of motor vehicles of the state of Missouri. On that day she sold the automobile to Mrs. Dollie Sullivan, the plaintiff's mother.

The evidence for the plaintiff tends to show that on the same day Mrs. Sullivan sold and delivered the automobile to the plaintiff for the consideration of $250, which plaintiff paid; that thereupon Mrs. Bruns assigned the automobile to plaintiff by indorsement on the back of the certificate of title, and delivered the same to the plaintiff; that afterwards plaintiff delivered the automobile to Harry Kloppenberg's garage in St. Clair, Mo., for repairs.

The evidence for the defendants tends to show that the assignment indorsed on the back of the certificate of title was made to Mrs. Sullivan, and not the plaintiff; that the certificate so indorsed was delivered to Mrs. Sullivan, not to plaintiff; that the assignment was long afterwards altered by erasing the name of Mrs. Sullivan and inserting in lieu thereof the plaintiff's name; and that Mrs. Sullivan, not the plaintiff, delivered the automobile to Kloppenberg's garage for repairs.

While the automobile was in Kloppenberg's garage, it was levied upon and sold to defendant Gault, by defendant Reed as constable of Central township, Franklin county, under an execution issued by James L. Owens, a justice of the peace of said township, on a judgment in favor of said Gault and against Mrs. Dollie Sullivan. Defendant Gault became the purchaser of the automobile at the execution sale, and took possession of the same and appropriated it to his own use.

Defendants assign error here upon the giving of plaintiff's instructions, which, in substance and effect, directed a verdict for plaintiff, if the title to the automobile was transferred by Mrs. Bruns to Mrs. Sullivan, and thereafter Mrs. Sullivan sold the automobile to plaintiff for a valuable consideration, and plaintiff paid same. The plaintiff, in justification of these instructions, insists that the judgment on which the execution was issued was void for want

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11 practice notes
  • Allen v. Bagley and F. & H. Sav. & L. Assn., No. 19446.
    • United States
    • Court of Appeal of Missouri (US)
    • October 30, 1939
    ...were entitled to the possession of the property. Jensen v. Turner, 16 S.W. (2d) 742; Bently v. Hurley, 299 S.W. 604; Sullivan v. Gault, 299 S.W. 1116; Sebastian Co. Coal Co. v. Fidelity Fuel Co., 310 Mo. 158, 274 S.W. 774; Pledge v. Griffith, 199 Mo. App. 303, 202 S.W. 460; Schwald v. Brunj......
  • Beck & Sons Feed & Seed Co. v. Musick, No. 20130.
    • United States
    • Missouri Court of Appeals
    • June 5, 1928
    ...Maryland Casualty Co., 280 S.W. 724; Cody v. Wells, 280 S.W. 83; Finley v. Continental Insurance Co., 299 S.W. 1107; Sullivan v. Gault, 299 S.W. 1116; State ex rel. v. Becker, 1 S.W. (2d) 103; First National Bank of Elyria v. Equipment Co., 285 S.W. 779; Rey v. Fayette R. Plumb, Inc., 287 S......
  • Mackie and Williams Food Stores v. Anchor Casualty Co., No. 15060.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • October 20, 1954
    ...so holding are: Personal Finance Co. of Missouri v. Lewis Inv. Co., Mo. 216 F.2d 322 App., 138 S.W.2d 655; Sullivan v. Gault, Mo.App., 299 S.W. 1116; Mathes v. Westchester Fire Ins. Co., Mo.App., 6 S.W.2d 66; Evens v. Home Ins. Co., 231 Mo.App. 932, 82 S.W.2d 111; Isaacson v. Van Gundy, Mo.......
  • Rankin v. Wyatt, No. 32330.
    • United States
    • United States State Supreme Court of Missouri
    • July 9, 1934
    ...question, this possession was evidence of title and right of possession which wrongdoers may not be heard to dispute. Sullivan v. Gault, 299 S.W. 1116. (3) The mortgagor of the car in question, being a resident of the State of Kansas, and having complied with the law of Kansas, was not requ......
  • Request a trial to view additional results
11 cases
  • Allen v. Bagley and F. & H. Sav. & L. Assn., No. 19446.
    • United States
    • Court of Appeal of Missouri (US)
    • October 30, 1939
    ...were entitled to the possession of the property. Jensen v. Turner, 16 S.W. (2d) 742; Bently v. Hurley, 299 S.W. 604; Sullivan v. Gault, 299 S.W. 1116; Sebastian Co. Coal Co. v. Fidelity Fuel Co., 310 Mo. 158, 274 S.W. 774; Pledge v. Griffith, 199 Mo. App. 303, 202 S.W. 460; Schwald v. Brunj......
  • Beck & Sons Feed & Seed Co. v. Musick, No. 20130.
    • United States
    • Missouri Court of Appeals
    • June 5, 1928
    ...Maryland Casualty Co., 280 S.W. 724; Cody v. Wells, 280 S.W. 83; Finley v. Continental Insurance Co., 299 S.W. 1107; Sullivan v. Gault, 299 S.W. 1116; State ex rel. v. Becker, 1 S.W. (2d) 103; First National Bank of Elyria v. Equipment Co., 285 S.W. 779; Rey v. Fayette R. Plumb, Inc., 287 S......
  • Mackie and Williams Food Stores v. Anchor Casualty Co., No. 15060.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • October 20, 1954
    ...so holding are: Personal Finance Co. of Missouri v. Lewis Inv. Co., Mo. 216 F.2d 322 App., 138 S.W.2d 655; Sullivan v. Gault, Mo.App., 299 S.W. 1116; Mathes v. Westchester Fire Ins. Co., Mo.App., 6 S.W.2d 66; Evens v. Home Ins. Co., 231 Mo.App. 932, 82 S.W.2d 111; Isaacson v. Van Gundy, Mo.......
  • Rankin v. Wyatt, No. 32330.
    • United States
    • United States State Supreme Court of Missouri
    • July 9, 1934
    ...question, this possession was evidence of title and right of possession which wrongdoers may not be heard to dispute. Sullivan v. Gault, 299 S.W. 1116. (3) The mortgagor of the car in question, being a resident of the State of Kansas, and having complied with the law of Kansas, was not requ......
  • Request a trial to view additional results

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