Swofford Bros. Dry Goods Co. v. Diment
Missouri Court of Appeals
Appeal from Jackson Circuit Court.— Eon. E dioar d E, Porterfield, Judge. (1) It was error for the court to submit to the jury the duty of construing the written contract introduced in evidence. To construe the contract was exclusively the duty of the court. Burress v. Blair, 61 Mo. 139; Charles v. Railroad, 124 Mo. App. 303; Bastress v. Chickering, 18 111. App. 198, 130 111. 206. (2) The contract is not a contract of bailment. It is not a contract of consignment.
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Appeal from Jackson Circuit Court.— Eon. E dioar d E, Porterfield, Judge. (1) It was error for the court to submit to the jury the duty of construing the written contract introduced in evidence. To construe the contract was exclusively the duty of the court. Burress v. Blair, 61 Mo. 139; Charles v. Railroad, 124 Mo. App. 303; Bastress v. Chickering, 18 111. App. 198, 130 111. 206. (2) The contract is not a contract of bailment. It is not a contract of consignment. It is not a contract creating solely the relation of principal and agent between the interpleader and the defendant. Bicking v.…
1Opinion of the CourtBroaddus, P. J.
On the l'2th day of August, 1904, the plaintiff’ begun suit against Mrs. A. Diment and Sadie Diment, asking judgment for $414.25 in aid of Avhich they sued out a writ of attachment under which the officer seized certain goods as the property of defendants, to-wit: 116 pairs of pants, 216 coats, 108 vests, 9 boxes of shoes and two single-barrel shotguns. In pursuance of an order of the court these goods were sold and the proceeds are in. the hands of the officer.
On the 5th day of January, 1907, Isidore Rummel filed’ his interplea claiming that he was the OAvner of said goods and entitled to…
2Cases cited6 opinions
- Hughes v. EwingSupreme Court of Missouri · 1901
- Wiles v. MaddoxSupreme Court of Missouri · 1857
- Little Rock Grain Co. v. J. A. Brubaker & Co.Missouri Court of Appeals · 1901
- Wyeth Hardware Co. v. Carthage Hardware Co.Missouri Court of Appeals · 1898
- Coggshall v. MungerMissouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929
- In Re Flynn's EstateWashington Supreme Court · 1935
- Citizens Trust Co. v. EldersMissouri Court of Appeals · 1923