McDonald-Crowley-Farmer Commission Co. v. Boggs
Missouri Court of Appeals
'Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Tbe transaction was neither a sale by Russell to plaintiff,, or by plaintiff to Russell; on the contrary, it was a purchase by plaintiff through Russell, as plaintiff’s agent with plaintiff’s money, of the cattle from their ownets near Lee’s Summit.
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'Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Tbe transaction was neither a sale by Russell to plaintiff,, or by plaintiff to Russell; on the contrary, it was a purchase by plaintiff through Russell, as plaintiff’s agent with plaintiff’s money, of the cattle from their ownets near Lee’s Summit. When the agreement was originally made between plaintiff and Russell, and when the cattle were bought from their owners near Lee’s Summit, it was contemplated by both plaintiff and Russell that the cattle should be shipped to plaintiff over the railroad, of which there is only…
1Opinion of the CourtEllison, J.
Plaintiff claiming to be the owner of a lot of cattle instituted this action of replevin against defendant who had them in possession. Defendant is a constable and held the cattle under an execution in his hands in favor of "William Morris and against William T. Eussell. A peremptory instruction was given for defendant and judgment being given for defendant, plaintiff has appealed. The question involved in the appeal is whether the cattle were the property of plaintiff, or of Eussell.
It appears that plaintiff is a live stock commission company located at Kansas City and that it entered into…
2Cases cited1 opinion
- Bassett v. Western Union Telegraph Co.Missouri Court of Appeals · 1892