Legal Opinion

Kemper Grain Co. v. Harbour

Supreme Court of Kansas

Decided June 7, 1913No. 18,229PublishedCited by 12 opinions

Appeal from Wyandotte district court, division No. 1. STATEMENT. The precise contents of the memoranda exchanged by the Kemper Grain Company and Alvin Harbour, doing business as Harbour Grain Company, referred to in the following opinion, are shown by these copies MEMBER WICHITA BOARD OF TRADE. CODES, ROBINSON’S RIVERSIDE. Harbour Grain Company, 209 Board of Trade, Wichita, Kansas.

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Appeal from Wyandotte district court, division No. 1. STATEMENT. The precise contents of the memoranda exchanged by the Kemper Grain Company and Alvin Harbour, doing business as Harbour Grain Company, referred to in the following opinion, are shown by these copies MEMBER WICHITA BOARD OF TRADE. CODES, ROBINSON’S RIVERSIDE. Harbour Grain Company, 209 Board of Trade, Wichita, Kansas. No. 295. 12/13/1. Kem/per Grain Co., City: Gentlemen — This confirms purchase of you to-day by person. (Johns) of one ear 2/60 hard wheat, at 95c per bu., basis Kansas City, subject to sample inspection and our…

1Opinion of the Court

The opinion of the court was delivered by

MASON, J.:

The Kemper Grain Company owned several cars of wheat upon the tracks of the Santa Fe Railway Company at Wichita. It made a bargain with Alvin Harbour, doing business as the Harbour Grain Company, for the sale to him of the wheat. Without having paid for it, Harbour obtained possession, or such color of possession as enabled him to reship it in his own name to his own order, and to procure bills of lading from the railway company. Upon the strength of these bills of lading he sold the wheat to different persons, receiving payment. The Kemper…

2Cases cited3 opinions

  1. National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
  2. People's State Bank v. BrownSupreme Court of Kansas · 1909
  3. Goodwin v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1873

3Cited by12 opinions

  1. Engstrom v. WileyCourt of Appeals for the Ninth Circuit · 1951
  2. Moffatt v. FoutsSupreme Court of Kansas · 1916
  3. C. M. Keys Commission Co. v. BeattySupreme Court of Oklahoma · 1914
  4. Alamo Live Stock Commission Co. v. HeimerCourt of Appeals of Texas · 1917
  5. Emporia Wholesale Coffee Co. v. RehrigSupreme Court of Kansas · 1953

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