Thompson, Payne & Co. v. Irwin, Allen & Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. .. (1) As defendants, at the time and place of sale of the cattle mentioned in .the record, had possession thereof and absolute power and dominion over the same, and did in fact sell and deliver for full and fair value, they must be heid to have warranted the title.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. .. (1) As defendants, at the time and place of sale of the cattle mentioned in .the record, had possession thereof and absolute power and dominion over the same, and did in fact sell and deliver for full and fair value, they must be heid to have warranted the title. Benjamin on Sales [3 Ed.] sec. 243, and authorities cited in note “t”; section 641, note “i,” on page 632, and authorities cited; Schell v. Stephens, 50 Mo. 375; Sprague v. Rosenbaum, 38 Fed. Rep. 388; Hoffman v. Carew, 20 Wend. 21-2; Whitney v. Hey wood, 6 Cush.…
1Opinion of the Court
Jas. P. Mister, Special Judge.
I. This cause is brought to this court from the Jackson circuit court by writ of error. The petition is as follows : “ Said plaintiffs for cause of action against said- defendants state: That said plaintiffs are, and on the several dates hereinafter stated were, partners, doing business under the firm name and style of Thompson, Payne & Co.; on said several dates defendants were, and still are, partners, doing business under the firm name and style of Irwin, Allen & Co. On ■or about the fifth day of July, 1879, said defendants, partners as aforesaid, sold and…
2Cases cited16 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Brown v. BowenSupreme Court of Missouri · 1886
- Bunce v. BeckSupreme Court of Missouri · 1869
- Jones v. ShawSupreme Court of Missouri · 1878
- Mills v. HuntNew York Supreme Court · 1838
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3Cited by4 opinions
- Hurt v. FordSupreme Court of Missouri · 1898
- Universal C.I.T. Credit Corp. v. State Farm Mutual Automobile Insurance Co.Missouri Court of Appeals · 1973
- Thompson, Payne & Co. v. Irwin, Allen & Co.Missouri Court of Appeals · 1898
- Mendenhall v. ShermanMissouri Court of Appeals · 1916