Holden v. McFaul
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This action was brought to recover the proceeds of certain merchandise consigned to Mogridge & McFaul, as commission merchants.
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Appeal from St. Louis Circuit Court. This action was brought to recover the proceeds of certain merchandise consigned to Mogridge & McFaul, as commission merchants. McFaul answered for himself, and stated that the firm of Mogridge & McFaul was dissolved on the 8th of June, 1853, and that the property of the plaintiffs, which had been consigned to the firm, was left in the possession of liogridge, who continued to carry on the business, of all which, notice was at once given to the plaintiffs ; and that the plaintiffs " recognized the dissolution and suffered their property to remain in the…
1Opinion of the Court
Scott, Judge.
There is nothing in this ease. There was no defence available in law made by McFaul. The answer sets up no matter sufficient to defeat the plaintiffs. This is unlike the case of Robinson v. McFaul, 19 Mo. Rep. 550. In that *216case, it was held that, where goods are consigned to a firm to sell on commission, and that firm is dissolved, and the goods are permitted to remain in tbe bands of one of the members, and the consignor releases the other, he will not be liable for any thing done or happening to the goods after the release. Here there is no allegation that there was any…
2Cases cited1 opinion
- Robinson v. McFaulSupreme Court of Missouri · 1854
3Cited by3 opinions
- Winston v. TaylorSupreme Court of Missouri · 1859
- Western Lumber & Pole Co. v. JoslynWashington Supreme Court · 1912
- Johnson's Administrator v. McCuneSupreme Court of Missouri · 1858