Carroll Exchange Bank v. First National Bank
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge.. (1) Appellant insists that the court erred in refusing to give the second instruction asked by plaintiff below.
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Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge.. (1) Appellant insists that the court erred in refusing to give the second instruction asked by plaintiff below. This instruction is based on the theory that the plaintiff became the owner of the hogs by virtue of the contract made with Tuley, which is admitted by instruction given for defendant made on the.twelfth day of January, 1891, and the payment of the checks in pursuance of the contract, and that Tuley was to ship the hogs to the firm in Kansas City, sell them on the market and turn over the proceeds to plaintiff’s…
1Opinion of the CourtG-ill, J.
This case is here on a second appeal. Its former disposition is reported in 50 Mo. App. 92. At the first trial the circuit court sustained a demurrer to plaintiff’s evidence, and this ruling we held erroneous for reasons stated in the'opinion. After the cause was remanded the defendant amended” its answer and a full hearing was had with evidence for both sides. The defendant again prevailed and the plaintiff has the second time appealed to this court.
I. The cause may now be disposed of on facts which we think are practically undisputed.
In January, 1891, one Tuley, a stock trader, purchased…
2Cases cited3 opinions
- Dickinson v. CoatesSupreme Court of Missouri · 1883
- Albers v. Commercial BankSupreme Court of Missouri · 1884
- Carroll Exchange Bank v. First National Bank of CarrolltonMissouri Court of Appeals · 1892
3Cited by6 opinions
- Eagleton v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1938
- Union Biscuit Co. v. Springfield Grocer Co.Missouri Court of Appeals · 1910
- Lewis v. James McMahon & Co.Supreme Court of Missouri · 1925
- Maxwell v. DurhamMissouri Court of Appeals · 1927
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1897
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