Kirkpatrick v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. — Hon. T. A. Gill Judge. Plaintiffs were merchants residing and doing business in Kansas City. H. B. Slaughter, a grain dealer, residing and doing business there, contracted for two car loads of wheat screenings with H. C. Groodell, of Winthrop (or East Atchison), Mo.
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Appeal from, Jackson Circuit Court. — Hon. T. A. Gill Judge. Plaintiffs were merchants residing and doing business in Kansas City. H. B. Slaughter, a grain dealer, residing and doing business there, contracted for two car loads of wheat screenings with H. C. Groodell, of Winthrop (or East Atchison), Mo. On the twenty-fifth of March, Slaughter went to Wintlirop, examined the car load of screenings in controversy, accepted it, took a sample of it, and instructed Mr. Groodell to bill the car to plaintiffs at Kansas City, and draw on them for the price, attaching draft to bill of lading, as he…
1Opinion of the CourtSherwood, J.
— Action by plaintiffs, who were consignees of a car load of wheat screenings shipped on defendant’s road, bnt destroyed before reaching the-point of destination. The controlling question in this-case is the -right of plaintiffs to maintain this action. On this point we entertain no doubt. 2 Rorer on Railroads, 1330, sec. 5; Ib. 1332, sec. 5; 1328, sec. 2, and cases cited. Moreover, the plaintiffs paid the draft-drawn on them and received the bill of lading to which the draft was attached, and subsequently purchased the-wheat from the owner, Slaughter. 2 Rorer on Railroads,. 1318, sec. 2.…
2Cited by3 opinions
- Dickson v. Merchants' Elevator Co.Missouri Court of Appeals · 1891
- Metals Refining Co. v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1940
- Vaughn v. Wabash Railroad Co.Missouri Court of Appeals · 1945