LaFayette County Bank v. Metcalf, Moore & Co.
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) First. The petition and the evidence fail to state facts sufficient to constitute a cause of action in this: It shows that these defendants were mere factors, having no knowledge of plaintiff’s interest in said cattle; and showing’ no negligence in not having such knowledge, hence they had a right to pay the proceeds of the cattle to their consignors. Meacham on Agency, sec. 1050; Lenthold n.
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) First. The petition and the evidence fail to state facts sufficient to constitute a cause of action in this: It shows that these defendants were mere factors, having no knowledge of plaintiff’s interest in said cattle; and showing’ no negligence in not having such knowledge, hence they had a right to pay the proceeds of the cattle to their consignors. Meacham on Agency, sec. 1050; Lenthold n. Fairchild, 28 N. W. Rep. 218 ; Burnett n. Gustafson, 54 Iowa, 86; Roach n. Turk, 9 Heisk. (Tenn.) 708 ; Barnard n. Kobbe, 54 N. Y.…
1Opinion of the CourtEllison, J.
This case is before us on second appeal. It will be found reported in 29 Mo. App. 384.
Plaintiff is the mortgagee of a certain lot of beef cattle which were being fattened at the mortgagors’ farm at the date of the mortgage. Defendants are livestock commission men, doing business at the National stock yards in East St. Louis, Illinois. The mortgagors shipped the cattle to defendants from LaFayette county, Missouri, who sold and delivered them at the stock yards to purchasers on the market, receiving a commission for the sale. The shipment and sale was without the knowledge or consent of…
2Cases cited9 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Spraights v. . HawleyNew York Court of Appeals · 1868
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Feurt v. RowellSupreme Court of Missouri · 1876
- Winsor v. Lafayette County BankMissouri Court of Appeals · 1885
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3Cited by29 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Schmidt v. Garfield Nat. BankNew York Supreme Court · 1892
- Cone v. IvinsonWyoming Supreme Court · 1893
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
- Kitchen v. SchusterNew Mexico Supreme Court · 1907
24 more not listed; retrieve them via the Exa API.