Benny v. Rhodes
Supreme Court of Missouri
Jlppeal from St. Louis Court of Common Pleas. 1. Rhodes was at least entitled to the benefit of what the plaintiffs owed Love & Osborne for advances and commissions. A factor has a right to appropriate the property of his principal to the extent of his lien, and this demand was a lien. 15 Mo.
Read the full summary
Jlppeal from St. Louis Court of Common Pleas. 1. Rhodes was at least entitled to the benefit of what the plaintiffs owed Love & Osborne for advances and commissions. A factor has a right to appropriate the property of his principal to the extent of his lien, and this demand was a lien. 15 Mo. Rep. 184. 2. The defendant is entitled to the benefit of the principle that, where there are open running accounts between merchants, the payments made by tbe debtor shall be applied in satisfaction of the items of indebtedness against him, in the order of their time. 1 Merivale, 572. 22 Maine Bep. 188.…
1Opinion of the CourtGamble, Judge
This is a civil action to recover the value of specific articles, the property of plaintiffs, alleged to have been converted by defendant to his own use. The case was tried by the court without a jury, and the facts were found as contained in the deposition of a witness. The goods, for the value of which the suit was brought, were consigned by plaintiffs to Love & Osborne, of St. Louis, for sale ; Love & Osborne being commission merchants. The factors being indebted to the defendant in the amount of a note, were urged by him to make pay*149ment, and be offered to take payment in the goods oí the…
2Cases cited2 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Holton v. SmithSuperior Court of New Hampshire · 1835
3Cited by13 opinions
- Wright v. SolomonCalifornia Supreme Court · 1861
- State v. BallouSupreme Court of Rhode Island · 1898
- Wheeler & Wilson Manufacturing Co. v. GivanSupreme Court of Missouri · 1877
- St. Louis Carriage Manufacturing Co. v. HilbertMissouri Court of Appeals · 1887
- Estes v. FrySupreme Court of Missouri · 1901
8 more not listed; retrieve them via the Exa API.