Martin v. Kansas National Bank

The opinion of the court was delivered by

Cunningham, J. :

By this action plaintiff in error, as plaintiff below, sought to recover from the defendants the proceeds of the sale of a car-load of hogs sent by him to the Wichita Live-stock Commission Company, to be sold by it on commission. This car-load of hogs was shipped by the plaintiff from Enid, Okla., consigned to himself at Wichita, Kan., with instructions to the commission company to sell the same and remit the proceeds. Being unable to find a suitable market'át *656Wichita, the commission company reshipped to Kansas City and notified the…