John Clay & Co. Livestock Commission v. Clements

RIVES, Circuit Judge.

Appellees, by separate actions, which were subsequently consolidated, sued to recover the value of 114 head of cattle allegedly converted by appellant, who sold the cattle as the property of one I. V. Moulder at the Union Stock Yards in San Antonio, Texas. The facts were largely stipulated and are clearly set forth in the district court’s memorandum findings as follows:

“The Union Stockyards at San Antonio is a stock yard as defined by Title III of the Packers & Stockyards Act of 1921, 7 U.S.C.A. § 202, 42 Stat. 163, Defendant partnership is a marketing agency, (as defined…