Legal Opinion

Hester v. Smith

Wyoming Supreme Court

Decided May 11, 1895PublishedCited by 4 opinions

ERROR to District Court for Natrona County, Hoh. John W. Blake, Judge. George W. Hester and V. A. Hester, co-partners as Hester & Son, brought suit against Lew Smith, Edgar B. Shaffner, and John B. Okie, co-partners as L. Smith & Co., bankers, to recover the balance of the purchase price of oats sold by the plaintiffs, and claimed to have been purchased by the defendants. The defendant Okie alone appeared in the district court.

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ERROR to District Court for Natrona County, Hoh. John W. Blake, Judge. George W. Hester and V. A. Hester, co-partners as Hester & Son, brought suit against Lew Smith, Edgar B. Shaffner, and John B. Okie, co-partners as L. Smith & Co., bankers, to recover the balance of the purchase price of oats sold by the plaintiffs, and claimed to have been purchased by the defendants. The defendant Okie alone appeared in the district court. Judgment was, however, rendered in favor of all the defendants. The plaintiffs brought error, and caused summons in error to be issued against all the above named…

1Opinion of the Court

Pottee, Justice.

Plaintiffs shipped from Harrison, Nebraska, in their own name, a car load of oats to Casper, intending them for a pur*294chaser upon, -whom a sight .draft -had. been drawn, attached to the hill o.f lading, and sent, through the bank of C. H. King & Co. . This-expected purchaser-not-taking .the .oats, "George W... Hester -visited Casper and There met Lew. Smith, one of the defendants, with, -whom: a sale of the .oats was consummated. Smith received them and paid the freight thereon.... Although it does not clearly appear,.it seems, to. be disclosed by the evidence that-the…

2Cases cited5 opinions

  1. Ketchum v. DavisWyoming Supreme Court · 1887
  2. Thorn v. SmithNew York Supreme Court · 1839
  3. Heffron v. HanafordMichigan Supreme Court · 1879
  4. Wyoming National Bank v. DaytonWyoming Supreme Court · 1875
  5. O'Brien v. FoglesongWyoming Supreme Court · 1883

3Cited by4 opinions

  1. Williams v. YocumWyoming Supreme Court · 1928
  2. Meyer v. CulleyWyoming Supreme Court · 1952
  3. Arnold v. JenningsWyoming Supreme Court · 1956
  4. Farmers' Lumber Co. v. LuikartWyoming Supreme Court · 1927

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