Everett v. Barse Live Stock Commission Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. William B. Teasdale, Judge. (1) A factor selling cattle, against which an agister’s lien is claimed, cannot be held liable'in a suit by the claimant unless the factor had knowledge or notice of the existence of the lien. Tonney v. Goodley, 57 Mo. App. 235; R. S. 1899, sec. 4228; Carriage Co. v. Reid, 99 M'o. App. 415; Armstrong v. Walker, 9 Lea (Tenn.), 156; Finney v. Harding, 136 Ills. 573; Haue v. Clark, 23 Ills. App. 145; Smith y.
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Appeal from Jackson Circuit Court. — Hon. William B. Teasdale, Judge. (1) A factor selling cattle, against which an agister’s lien is claimed, cannot be held liable'in a suit by the claimant unless the factor had knowledge or notice of the existence of the lien. Tonney v. Goodley, 57 Mo. App. 235; R. S. 1899, sec. 4228; Carriage Co. v. Reid, 99 M'o. App. 415; Armstrong v. Walker, 9 Lea (Tenn.), 156; Finney v. Harding, 136 Ills. 573; Haue v. Clark, 23 Ills. App. 145; Smith y. Shell Lake Lbr. Co., 68 Wis. 89; Chinn v. Railway, 100 Mo. App. 1. c., 583; Jones on Liens, sec. 1048; Webb v. Sharp,…
1Opinion of the CourtEllison, J.
— This is an action for the amount of a bill for pasturage of a lot of cattle. The judgment in the trial court was for the plaintiff. The facts necessary to state for an understanding of the points involved are these: The plaintiff had the cattle in possession from the owner and had an unpaid claim for pasturage. Before the cattle were turned over to plaintiff to pasture by the owner the latter had mortgaged them to a commission company known as the McKee company. The owner took the cattle from plaintiff’s pasture without his knowledge or consent and without paying his agister’s bill, and…
2Cases cited10 opinions
- Case v. AllenSupreme Court of Arkansas · 1878
- Mohr v. LanganSupreme Court of Missouri · 1901
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
- Stone v. Kelley & SonMissouri Court of Appeals · 1894
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3Cited by8 opinions
- Commercial Credit Corp. v. Joplin Automobile Auction Co.Missouri Court of Appeals · 1968
- Ellison v. TuckermanColorado Court of Appeals · 1913
- Ellison v. TuckermanColorado Court of Appeals · 1913
- Wisdom v. KeithleyMissouri Court of Appeals · 1943
- First National Bank of Mountain View v. WilsonSupreme Court of Oklahoma · 1915
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