Legal Opinion

W. W. Kendall Boot & Shoe Co. v. Bain

Missouri Court of Appeals

Decided November 9, 1891PublishedCited by 21 opinions

Appeal from the Mercer Circuit Court. — Hon. G. D. Burgess, Judge. The "plaintiff’s fifth instruction referred to in the -opinion is as follows : “5. If the jury believe from the •evidence that the witness Campion was largely indebted to plaintiff for goods received of plaintiff, and that plaintiff’s agent Gray demanded the stock of goods and tools in controversy of said Campion, and that said Campion after the receipt of the telegram by Gray from plaintiff or plaintiff’s…

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Appeal from the Mercer Circuit Court. — Hon. G. D. Burgess, Judge. The "plaintiff’s fifth instruction referred to in the -opinion is as follows : “5. If the jury believe from the •evidence that the witness Campion was largely indebted to plaintiff for goods received of plaintiff, and that plaintiff’s agent Gray demanded the stock of goods and tools in controversy of said Campion, and that said Campion after the receipt of the telegram by Gray from plaintiff or plaintiff’s secretary, Mr. Marshall, declining to accept said Campion’s proposition to keep the •stock longer, made no further…

1Opinion of the CourtSmith, P. J.

The plaintiff, a corporation engaged in the wholesale boot and shoe business, at Kansas City, Missouri, brought this action of replevin to recover possession of a stock of boots and shoes taken from it by the defendant Bain, as sheriff, under a writ of attachment, , which had been sued out by defendant Hall, in a suit by Hall against one, J. W. Campion. The goods in controversy had been purchased by Campion from plaintiff, but being largely indebted to plaintiff for the goods, and unable to pay for them, Campion had, as plaintiff claims, transferred the goods to it in payment of his said…

2Cases cited25 opinions

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. Shelley v. BootheSupreme Court of Missouri · 1880
  3. Gregory v. ChambersSupreme Court of Missouri · 1883
  4. Koons v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1877
  5. Thornburgh v. HandCalifornia Supreme Court · 1857

20 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Benjamin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
  2. Galemore v. Mid-West National Fire & Casualty Insurance Co.Missouri Court of Appeals · 1969
  3. Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
  4. Mallory Motor Company v. OverallMissouri Court of Appeals · 1955
  5. Waniorek v. United RailroadsCalifornia Court of Appeal · 1911

16 more not listed; retrieve them via the Exa API.

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