Burgess v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Christian County Circuit Court.—Hon. John T. Moore, Judge. Where the seller consigns a shipment to his own order, and draws upon thé purchaser for the purchase price, attaching the hill of lading to the draft, and sends the latter to his agent for collection before delivery of the hill of lading, the jus disponendi remains in the seller until payment of the draft, and replevin will not lie on behalf of the.purchaser until such payment is made.
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Appeal from Christian County Circuit Court.—Hon. John T. Moore, Judge. Where the seller consigns a shipment to his own order, and draws upon thé purchaser for the purchase price, attaching the hill of lading to the draft, and sends the latter to his agent for collection before delivery of the hill of lading, the jus disponendi remains in the seller until payment of the draft, and replevin will not lie on behalf of the.purchaser until such payment is made. Bergeman v. Railroad, 104 Mo. 77; Bank v. Milling Co., 163 Mo. App. 135 ; Milling Co. v. Stanley, 132 Mo. App. 308; Grain Co. v. Grain Co.,…
1Opinion of the CourtFarrington, J.
This suit in replevin was instituted against the defendant in a justice’s court, the plaintiff alleging that he was lawfully entitled to the possession of a box containing two pieces of plate glass and some copper all valued at one hundred dollars, and that defendant wrongfully detained the same. The plaintiff prevailed both in the justice’s court and in the circuit court on trial anew without a jury.
There is much testimony in the record ’ concerning a purchase of some plate glass' and copper by plaintiff from the Hadley-Lean Glass Company of St. Louis, Mo., the.same to be used in a building…
2Cases cited5 opinions
- Bergeman v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1890
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Hunter Bros. Milling Co. v. StanleyMissouri Court of Appeals · 1908
- Howard v. HaasMissouri Court of Appeals · 1908
- Burrton State Bank v. Pease-Moore Milling Co.Missouri Court of Appeals · 1912
3Cited by1 opinion
- Famechon v. DevoreMissouri Court of Appeals · 1914