Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Bagley

Supreme Court of Kansas

Decided April 8, 1899No. 11135PublishedCited by 31 opinions

Error from Miami district court; John T. Burris, judge. statement. The plaintiff in error seeks to reverse a judgment of the district court rendered against it in favor of the plaintiff below. The petition originally' contained eleven counts, but the tenth and eleventh were dismissed.

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Error from Miami district court; John T. Burris, judge. statement. The plaintiff in error seeks to reverse a judgment of the district court rendered against it in favor of the plaintiff below. The petition originally' contained eleven counts, but the tenth and eleventh were dismissed. The action was originally commenced by the firm of W. H. Harris & Co., but while it was pending, M. Landa, one of the firm, died, and it was revived in the name of N. R. Bagley, administrator of the estate of W. H. Harris & Co. The first cause of action in the amended petition reads : “ That at all the times and…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J. :

It does.not appear from the petition that there was any contract or agreement upon tl^e part of the plaintiffs below with the railway company by which they bound themselves to ship the corn over the line of the Missouri, Kansas & Texas railway. While it is alleged that the agent, Donohue, promised and contracted on behalf of the railway company to transport this corn for the plaintiffs within a given time to Laredo, Tex., and that plaintiffs made contracts with the persons in Mexico upon the strength of the promise of Donohue, yet nowhere is…

2Cases cited10 opinions

  1. Vogel v. PekocIllinois Supreme Court · 1895
  2. Davie v. Lumberman's Mining Co.Michigan Supreme Court · 1892
  3. Campbell v. A. Lambert & Co.Supreme Court of Louisiana · 1884
  4. Stensgaard v. SmithSupreme Court of Minnesota · 1890
  5. Wilkinson v. HeavenrichMichigan Supreme Court · 1886

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

3Cited by31 opinions

  1. Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
  2. State v. PhamSupreme Court of Kansas · 1984
  3. United States v. Colorado & N. W. R. Co.Court of Appeals for the Eighth Circuit · 1907
  4. Johnson v. Breckenridge-Stephens Title Co.Texas Commission of Appeals · 1924
  5. Hawkeye Commercial Men's Ass'n v. ChristyCourt of Appeals for the Eighth Circuit · 1923

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

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