MONTGOMERY GMC TRUCKS, INC. v. NUNN

No. 12434.

657 S.W.2d 334 (1983)

MONTGOMERY GMC TRUCKS, INC., Plaintiff-Respondent, v. Johnny NUNN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Four.

Motion for Rehearing or to Transfer Denied on August 25, 1983.

Application to Transfer Denied October 18, 1983.


Attorney(s) appearing for the Case

Robert W. Evenson, Evenson & Carlin, Pineville, R.J. Gordon, Anderson, for defendant-appellant.

Theodore L. Johnson, III, John W. Housley, Lowther, Johnson, Lowther, Cully & Housley, Springfield, for plaintiff-respondent.


CRIST, Special Judge.

Respondent (truck dealer) sued appellant (buyer) for conversion arising from buyer's removal of his truck from truck dealer's possession while the truck was subject to a mechanic's lien for repairs made by truck dealer. See § 430.020 RSMo 1978. Buyer counterclaimed for damages alleging abuse of process and malicious prosecution.

The trial court granted truck dealer's pre-trial motion for summary judgment on the issue of buyer's liability...

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