American Zinc, Lead & Smelting Co. v. Markle Lead Works
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Franklin Ferriss, Judge. (1) The court erred in giving the first declaration of law, at the request of the interpleader, as to what constituted a waiver by th© plaintiff of payment in cash on delivery of the ore.
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Appeal from St. Louis City Circuit Court. — How. Franklin Ferriss, Judge. (1) The court erred in giving the first declaration of law, at the request of the interpleader, as to what constituted a waiver by th© plaintiff of payment in cash on delivery of the ore. This declaration was erroneous for the reason that it erroneously treated the question of plaintiff’s intention of waiver as a conclusion of law when it should have been submitted as a question of fact, to be determined by the trier of the fact from the evidence in the case. Drumm-Flato Com. Co. v.Crider Com. Co., .165 Mo. 84. (2)…
1Opinion of the CourtBland, P. J.
Plaintiff is a corporation. In August, .1901, and for several years prior thereto, it, as lessee, operated a lead and zinc-producing mine in Jasper county, known as the Cornfield mine and made weekly sales of the products of the mine in carload lots. For two years previous to August, 1901, one T. C. M olloy made weekly purchases of the lead ore plaintiff had for sale for cash on delivery in carload lots f. o. b. cars. The plaintiff had a private switch track near its mine which connected with the Missouri Pacific railroad, and cars were set in on the switch by the railroad company on the…
2Cases cited11 opinions
- Means v. Bank of RandallSupreme Court of the United States · 1892
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Neuhoff v. O'ReillySupreme Court of Missouri · 1887
- Davenport National Bank v. HomeyerSupreme Court of Missouri · 1869
- Midland National Bank v. Missouri, Kansas & Texas RailroadMissouri Court of Appeals · 1895
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