Raines v. John Lumpee & Co.
Missouri Court of Appeals
Appeal from the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. The court erred in not passing on the whole report of the referee. The parties to the suit were entitled to have all these differences settled in one action without resorting to another action to ascertain as to whom credit should be given for rafts 2, 4 and 7 upon which the court refused to pass. The court must either accept the findings by the referee or set them aside altogether.
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Appeal from the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. The court erred in not passing on the whole report of the referee. The parties to the suit were entitled to have all these differences settled in one action without resorting to another action to ascertain as to whom credit should be given for rafts 2, 4 and 7 upon which the court refused to pass. The court must either accept the findings by the referee or set them aside altogether. Lingenfelder v. Brewing Co., 103 Mo. 578. The finding of the referee is to be taken as a special verdict, and an exception based on want of…
1Opinion of the CourtEllison, J.
*205Appellate and trial practice reference long account: review of referree's report. *204Defendants are merchants conducting-a store of general merchandise and dealt also in railroad ties. They had a contract with a partnership known as Harvey & Franklin, whereby they were to furnish ties to the latter at agreed prices. Defendants then contracted with plaintiff to-furnish ties to Harvey & Franklin. Many of them were taken to the Osage river and floated to destination. It may be said for the purposes of this case that they sublet-their contract. *205to plaintiff; it being understood that plaintiff would…
2Cases cited5 opinions
- O'Neill v. CapelleSupreme Court of Missouri · 1876
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
- Wentzville Tobacco Co. v. WalkerSupreme Court of Missouri · 1894
- Bissell v. WardeSupreme Court of Missouri · 1895
- Smith v. ParisSupreme Court of Missouri · 1879
3Cited by1 opinion
- R. L. Gibson & Brother v. JenkinsMissouri Court of Appeals · 1902