Nanson v. Jacob
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) Defendants cannot object to a want of demand before snit, unless they set up such defence in their answers, and make a tender.
Read the full summary
Appeal from St. Louis Court of Appeals. (1) Defendants cannot object to a want of demand before snit, unless they set up such defence in their answers, and make a tender. E. S., secs, 1018, 1009 ; Battel v. Crawford, 59 Mo. 215 ; Baithel v. Lezetter, 43 Mo. 145 ; Hard v. Milligan, 72 N. Y. 427; Ludwig v. Meyer, 5 Watts & S. [Pa.] 435. (2) Where goods are shipped to the order of the consignor, and bill of lading taken in his name, the title to the property remains in him, notwithstanding the fact that the name of the prospective purchaser appears on the packages. Benjamin on Sales, sec. 382;…
1Opinion of the CourtSherwood, J.
Action in trover, brought against Robert Jacob, the St. Louis Transfer Company, and the Wabash, St. Louis & Pacific Railway Company, for the alleged conversion of a number of bales of hops, the property of plaintiffs’ assignors.
The petition states, in substance, that S. and P. Uhlmann were, on the sixteenth day of December, 1879, the owners, and in possession, of a certain number of bales of hops; that, on that day, they casually lost the same out of their possession; that, on the same day, they came into the possession, by finding, of defendants, who refused to deliver them to said S. and P.…
2Cases cited14 opinions
- Rodermund v. . ClarkNew York Court of Appeals · 1871
- Austin v. LoringSupreme Court of Missouri · 1876
- Bank of Beloit v. . BealeNew York Court of Appeals · 1866
- Eppright v. KauffmanSupreme Court of Missouri · 1886
- Fisher v. City of St. LouisSupreme Court of Missouri · 1869
9 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Mohr v. LanganSupreme Court of Missouri · 1901
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- Tooker v. Missouri Power & Light Co.Supreme Court of Missouri · 1935
- Kemp v. WoodsSupreme Court of Missouri · 1952
60 more not listed; retrieve them via the Exa API.