A. A. Cooper Wagon & Buggy Co. v. Wooldridge
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — No». Gallatin Crcdg, Judge. (1) In this case it is immaterial whether the court holds that the transaction between Bailey & George was a commission contract or a conditional sale. In either case the title to the goods and their proceeds was in appellant and the appropriation of same by Bailey & George to their own use was a conversion. Thomas Mfg. Co. v. Huff, 62 Mo.
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Appeal from Nodaway Circuit Court. — No». Gallatin Crcdg, Judge. (1) In this case it is immaterial whether the court holds that the transaction between Bailey & George was a commission contract or a conditional sale. In either case the title to the goods and their proceeds was in appellant and the appropriation of same by Bailey & George to their own use was a conversion. Thomas Mfg. Co. v. Huff, 62 Mo. App. 124. (2) While Bailey & George may have had the right on account of the changed order to elect to hold under the original order or under the commission contract, they can not repudiate in…
1Opinion of the CourtBroaddus, J.
The case stands as follows: On the 15th day of July, 1901, the firm of Bailey & George, doing business at Hopkins, Missouri, made a written order on plaintiff company, doing business as a manufacturer at Dubuque, Iowa, for twenty wagons, and other articles not in controversy here. The wagons were shipped to said first-named firm on the 1st day of August, next thereafter. Some time later, the date of which does not appear in the record, said Bailey & George conveyed their property and effects to' respondent, Fred Wooldridge, as assignee for the benefit of their creditors, and plaintiff filed…
2Cases cited3 opinions
- Powell v. BanksSupreme Court of Missouri · 1898
- Kingston Savings Bank v. BossermanMissouri Court of Appeals · 1893
- Girdner v. GibbonsMissouri Court of Appeals · 1902
3Cited by2 opinions
- Silsby v. WickershamMissouri Court of Appeals · 1913
- Bradley, Alderson & Co. v. McAfeeDistrict Court, W.D. Missouri · 1906