Oester v. Sitlington
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hon. J. H. Slovee, Judge. i(l) There was no agreement in this case that the title should not pass to the vendee. If the vendor had intended to hold the title in himself he should have had the goods consigned to himself and then sent the bill of lading to some local bank to have been delivered to the vendee on the delivery of the note or the payment of the cash. Brunswick v. Martin, 20 Mo.
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Error to Jackson Circuit Court. — Hon. J. H. Slovee, Judge. i(l) There was no agreement in this case that the title should not pass to the vendee. If the vendor had intended to hold the title in himself he should have had the goods consigned to himself and then sent the bill of lading to some local bank to have been delivered to the vendee on the delivery of the note or the payment of the cash. Brunswick v. Martin, 20 Mo. App. 158; Bwrgman v. Railroad, 104 Mo. 77. (2) The spirit of the law of Missouri is opposed to all secret reservations of title on the part of the vendor of personal…
1Opinion of the CourtMaceaklane, J.
The suit is replevin to recover from defendant, who was the sheriff of J aekson county, fifty barrels-of whiskey, valued at $2,900, of which plaintiff claimed the ownership. The answer was in, substance a general denial.
Plaintiff was engaged at Lawrenceburgh, Indiana,, in distilling whiskey and selling it at wholesale. One A. L. Kohn was engaged in the wholesale liquor business at Kansas City, Missouri. Plaintiff had in his employ a traveling agent named H. J. Bruning. The authority of the agent was limited to soliciting-orders, which he was required to take subject to the approval of…
2Cases cited12 opinions
- Smith v. . LynesNew York Court of Appeals · 1851
- Collins v. WilhoitSupreme Court of Missouri · 1891
- Parmlee v. CatherwoodSupreme Court of Missouri · 1865
- Wigton v. BowleyMassachusetts Supreme Judicial Court · 1881
- Ridgeway v. KennedySupreme Court of Missouri · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- Glass v. Blazer Bros.Missouri Court of Appeals · 1902
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Upham & Gordon v. AllenMissouri Court of Appeals · 1898
- Hart v. Emmerson-Brantingham Co.District Court, E.D. Missouri · 1913
9 more not listed; retrieve them via the Exa API.