Missouri, Kansas & Texas Railway Co. v. Bagley
Supreme Court of Kansas
Error from Miami district court; John T. Bukkis, judge. STATEMENT. This was an action against, the Missouri, Kansas & Texas Railway Company for damages for the violation of contracts for the shipment of ■ corn from Kansas City, Mo., to Laredo, Tex.
Read the full summary
Error from Miami district court; John T. Bukkis, judge. STATEMENT. This was an action against, the Missouri, Kansas & Texas Railway Company for damages for the violation of contracts for the shipment of ■ corn from Kansas City, Mo., to Laredo, Tex. The first trial resulted in a verdict and judgment in favor of the plaintiff, N. R. Bagley, administrator of the estate of W. H. Harris & Co. In a proceeding in error, it was held that the alleged contracts upon which liability was asserted lacked mutuality and were, therefore, not binding on the railway company. For that reason the judgment was…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J. :
Does the answer in the second suit, which sets up prior proceedings in the present action, preclude a review of the latter ? It is contended that the plaintiff, having pleaded that judgment and obtained, a benefit, was, therefore, not in a position to contest its validity. The action of the company, as will be seen, does not affirm that the judgment was regularly obtained and that the proceedings in the case were free from error. The existence of the judgment was recognized, it is true, but no money or property awarded was accepted by the…
2Cases cited18 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- Lessee of Sicard v. DavisSupreme Court of the United States · 1832
- Eylenfeldt v. Illinois Steel Co.Illinois Supreme Court · 1896
- Annie Service v. Farmington Savings BankSupreme Court of Kansas · 1900
13 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
- Taylor v. Swift & Co.Supreme Court of Kansas · 1923
- Beneke v. Bankers Mortgage Co.Supreme Court of Kansas · 1925
- Waddell v. WoodsSupreme Court of Kansas · 1945
- Armour & Co. v. MillerCourt of Appeals for the Fifth Circuit · 1913
35 more not listed; retrieve them via the Exa API.