Legal Opinion

Connor v. Black

Supreme Court of Missouri

Decided December 23, 1893PublishedCited by 28 opinions

■Appeal from Clark Circuit Court. — Hon. B. E. Turner, Judge. The court erred in giving defendant’s instruction number 5. ■ Cameron v. JDurkheim, 55 N. Y. 425, 436 to 439, “Black Friday” case; Howard v. Smith, 56 Mo. 314; Cockrell v. Thompson, 85 Mo. 510; Taylor v. Renquite, 35 Mo. App. 389; Kent v. Miltenberger, 13 Mo. App. 503. (2) The ruling of the court is anomalous. P. P. Connor had bought this 40,000 bushels of oats with his own money, at thirty-seven cents.

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■Appeal from Clark Circuit Court. — Hon. B. E. Turner, Judge. The court erred in giving defendant’s instruction number 5. ■ Cameron v. JDurkheim, 55 N. Y. 425, 436 to 439, “Black Friday” case; Howard v. Smith, 56 Mo. 314; Cockrell v. Thompson, 85 Mo. 510; Taylor v. Renquite, 35 Mo. App. 389; Kent v. Miltenberger, 13 Mo. App. 503. (2) The ruling of the court is anomalous. P. P. Connor had bought this 40,000 bushels of oats with his own money, at thirty-seven cents. It was his private property: he did not hold it in trust for respondent even at that price. As well charge plaintiffs with all…

1Opinion of the CourtBubgess, J.

While there have been two transcripts of the record filed in this case, there is in fact but one case wherein George Black appeals from the judgment against him- in favor of plaintiffs, and the plaintiffs appealed from the same judgment and also the judgment against them in favor of Olay Black. The cases, for convenience, will be considered together.

On the seventeenth day of July, 1890, and for several years previous thereto, plaintiffs were partners doing business as brokers and commission merchants in the city of St. Louis, buying and selling grain .and hay on commission, and were members…

2Cases cited13 opinions

  1. Irwin v. WilliarSupreme Court of the United States · 1884
  2. State v. MeyersSupreme Court of Missouri · 1889
  3. Crawford v. SpencerSupreme Court of Missouri · 1887
  4. Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
  5. Margrave v. AusmussSupreme Court of Missouri · 1873

8 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
  2. Dickson v. Uhlmann Grain Co.Supreme Court of the United States · 1933
  3. Kusnetsky v. Security InsuranceSupreme Court of Missouri · 1926
  4. Kirby v. StateSupreme Court of Florida · 1902
  5. State v. CunninghamSupreme Court of Missouri · 1900

23 more not listed; retrieve them via the Exa API.

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