Raymond, Kepler & Co. v. McKinney Bros.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James Q-ibson, Judge. The defendant admitted his liability for the amount of $27.40 and there was no proof of payment. There was not even proof of a good tender.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. James Q-ibson, Judge. The defendant admitted his liability for the amount of $27.40 and there was no proof of payment. There was not even proof of a good tender. Upon the undisputed facts there should have been a judgment for the plaintiffs for $27.40. (1) Appellants argue that as respondent admits having got $27.40 more for their damaged potatoes than the freight, drayage and commission and sent them his check on a solvent bank where he had placed the money, which was the usual and customary mode among commission merchants, therefore they are…
1Opinion of the CourtG-ill, J.
The plaintiffs sued the defendant before a justice of the peace for $264, the alleged value of a car load of potatoes shipped to the defendant from North Dakota to be sold for account of the plaintiffs on the Kansas City market. The defense was, that the potatoes arrived at Kansas City in a frozen and badly damaged condition; that they only brought $27.40 over and above freight and other charges; and that defendant made a tender of this sum to plaintiffs before the institution of the suit.
As to the alleged tender, the evidence tended to prove that the defendant sent his check for the $27.40,…
2Cases cited2 opinions
- Williams v. RorerSupreme Court of Missouri · 1842
- Shipp v. StackerSupreme Court of Missouri · 1843
3Cited by2 opinions
- Willis v. American National Life Insurance Co.Missouri Court of Appeals · 1956
- Lee v. PetersMissouri Court of Appeals · 2008