Thompson, Payne & Co. v. Irwin, Allen & Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) Defendants, in making the sale of the cattle, acted as agents for a disclosed principal, to the knowledge of the plaintiffs. They did not assert title in themselves and consequently did not impliedly warrant that they had title to the property in controversy.
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Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) Defendants, in making the sale of the cattle, acted as agents for a disclosed principal, to the knowledge of the plaintiffs. They did not assert title in themselves and consequently did not impliedly warrant that they had title to the property in controversy. Irwin v. Thompson, 27 Kan. 643; Noy’s Maxims, C. 42; Co. Lit., 102 a; Medma v. Stoughton, 1 Salk. 210; Pasley v. Freeman, 3 T. R. 57; Ormerod v. Huth, 14 M. & W. 664; Morley v. Attenborough, 3 Ex. 500; Eicholz v. 'Bannister, 17 C. B. (N. S.) 708; Benjamin on Sales,…
1Opinion of the Court
Edward P. Cates, Special Judge.
Statement. The transactions out of which the controversy in this ease has arisen occurred in the summer of 1879. The plaintiffs and defendants were commission merchants, doing business as such *423at the stock yards in Kansas City, Kansas; the former under the firm name of Thompson, Payne & Company, the latter under the firm name of Irwin, Allen & Company. On July 5, 1879, a consignment of seventeen head of cattle was received at the stock yards, shipped in the name of W. H. Moreland. The defendants were employed by the person who shipped them, to sell these cattle…
2Cases cited13 opinions
- Hedden v. GriffinMassachusetts Supreme Judicial Court · 1884
- LaFayette County Bank v. Metcalf, Moore & Co.Missouri Court of Appeals · 1890
- Koch v. Branch & CrookesSupreme Court of Missouri · 1869
- Huston v. TylerSupreme Court of Missouri · 1897
- Hombs v. CorbinMissouri Court of Appeals · 1889
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- Wolf v. Dwelling House InsuranceMissouri Court of Appeals · 1901
- Mendenhall v. ShermanMissouri Court of Appeals · 1916
- Emery-Bird-Thayer Dry Goods Co. v. CoomerMissouri Court of Appeals · 1901