FIREMAN'S FUND INSURANCE COMPANY v. TRIPPE

No. 32277.

402 S.W.2d 577 (1966)

FIREMAN'S FUND INSURANCE COMPANY, Plaintiff-Respondent, v. Ardin E. TRIPPE, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

April 19, 1966.


Attorney(s) appearing for the Case

Starkloff & Joseph, by Carl E. Starkloff, Clayton, for appellant.

McDonald, Wright & Bryan, by Anthony F. Vaiana, St. Louis, for respondent.


CLEMENS, Commissioner.

This is an action in conversion to recover damages suffered by a brokerage firm when it sent the wrong stock certificates to the defendant and he sold the stock before the broker learned of its mistake. The plaintiff got a $10,000 verdict and judgment, and the defendant has appealed.

The decisive issue: Where the defendant ordered a low-priced stock from his broker, who by mistake mailed him a higher priced stock which the defendant...

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