Bicking v. Stevens
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. R. E. Ball, Special Judge. (1) The first arrangement between Campe and plaintiff before the note was given was a sale, not a consignment to Campe as a factor to sell on commission. Commisjty v. Williams, 20 Mo. App. 606. (2) The act of plaintiff in receiving and holding the note for twenty days without objection is sufficient evidence of acceptance. Robertson v. Tapley, 48 Mo.
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Appeal from the Jaclcson Circuit Court. — Hon. R. E. Ball, Special Judge. (1) The first arrangement between Campe and plaintiff before the note was given was a sale, not a consignment to Campe as a factor to sell on commission. Commisjty v. Williams, 20 Mo. App. 606. (2) The act of plaintiff in receiving and holding the note for twenty days without objection is sufficient evidence of acceptance. Robertson v. Tapley, 48 Mo. App. 239, 242. (1) If it was a 'consignment for sale, and not a sale, then title never passed. There can be no doubt on this point, and it is useless to cite authority. (2)…
1Opinion of the CourtSmith, P. J.
pleading This is a suit in equity. The allegations of the petition in substance are that the defend-ant’ virtue of a certain deed of trust executed by one Campe to him as trustee for certain creditors, was in possession of certain specific articles of merchandise, which were the property of the plaintiá at the time of the execution of said deed of *170trust and the taking possession thereof by defendant, etc. The prayer was that the defendant be required in his quality as trustee to return the said merchandise, or, if sold, to account for the proceeds, etc.
The answer denied all the allegations of…
2Cases cited4 opinions
- Peoria Manufacturing Co. v. Lyons ex rel. David Bradley Manufacturing Co.Illinois Supreme Court · 1894
- Granite Roofing Co. v. CaslerMichigan Supreme Court · 1890
- McArthur v. WilderNew York Supreme Court · 1848
- Blow v. SpearSupreme Court of Missouri · 1869
3Cited by4 opinions
- Packard Piano Co. v. WilliamsMissouri Court of Appeals · 1912
- P. C. Thompson & Co. v. MasseyMissouri Court of Appeals · 1898
- Bradley, Alderson & Co. v. McAfeeDistrict Court, W.D. Missouri · 1906
- Davison v. Banker's Life Ass'nMissouri Court of Appeals · 1912