Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. This is an action of replevin for three carloads of wheat. The Missouri Pacific Railroad Company is only a nominal party, the interested defendant being Albers & Co., of St.- Louis.
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Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. This is an action of replevin for three carloads of wheat. The Missouri Pacific Railroad Company is only a nominal party, the interested defendant being Albers & Co., of St.- Louis. In order to give an understanding of the case, it seems necessary to make the following statement of facts: On the morning of September 1, 1890, the plaintiff commission company contracted with the Imboden Commission Company at Kansas City, to sell to it the three cars of wheat, and which were to be paid for on delivery. The delivery was made by…
1Opinion of the CourtGill, J.
I. From the foregoing statement it will be seen that, on September 1, 1890, the plaintiff sold this wheat to the Imboden Company, and that the purchaser failed to pay therefor on delivery- as was agreed; that, thereupon, plaintiff sued the Imboden Company for the purchase price and attached the same and other property. Eight days thereafter (that is, September 9) the plaintiff dismissed the attachment suit, and brought this action in replevin for the recovery of the same goods.
Under these circumstances the circuit court held that the institution of the attachment suit on September 1, and levy…
2Cases cited15 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Conrow v. . LittleNew York Court of Appeals · 1889
- McLean v. ClappSupreme Court of the United States · 1891
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Moller v. . TuskaNew York Court of Appeals · 1881
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3Cited by9 opinions
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- First Nat. Bank of Byars v. Griffin GriffinSupreme Court of Oklahoma · 1911
- Turk v. CarnahanIndiana Court of Appeals · 1900
- Hargadine-McKittrick Dry Goods Co. v. WardenSupreme Court of Missouri · 1899
- Steinbach v. MurphyMissouri Court of Appeals · 1910
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