Robert C. White Live Stock Commission Co. v. Chicago, Milwaukee & St. Paul Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Olías. L. Dobson, Judge. (1) No conversion by carrier in transporting for, and delivering to, party wrongfully in possession thereof, cattle or other property, if ignorant of the true ownership. Nanson v. Jacob, 93 Mo. 340. (2) Defendant received cattle from Pier-son as owner in good faith, ignorant of plaintiff’s claim or right, and made contract with him for their transportation and delivery to him.
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Appeal from Jackson Circuit Court. — Hon. Olías. L. Dobson, Judge. (1) No conversion by carrier in transporting for, and delivering to, party wrongfully in possession thereof, cattle or other property, if ignorant of the true ownership. Nanson v. Jacob, 93 Mo. 340. (2) Defendant received cattle from Pier-son as owner in good faith, ignorant of plaintiff’s claim or right, and made contract with him for their transportation and delivery to him. (3) If defendant did know the entire previous history of the shipment, it had the right to assume that Pierson was the plaintiff’s agent and as such in…
1Opinion of the CourtSmith, P. J.
The petition states in substance that on the sixteenth of May, 1896, the defendant, in the usual course of business, received from the St. Paul & Sault Ste. Marie Railway Company at Minneapolis, in the State of Minnesota, two carloads of cattle, ninety-six in number, the property of the plaintiff, consigned to plaintiff at Kansas Oity, in this State, for transportation and delivery at its station at the said city last named; that defendant failed to deliver to plaintiff forty-six head of said cattle, which were of the reasonable value of six hundred dollars, to the damage of the plaintiff,…
2Cases cited10 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Nanson v. JacobSupreme Court of Missouri · 1887
- Gurley v. ArmsteadMassachusetts Supreme Judicial Court · 1889
- Dymock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1893
- Ober v. Indianapolis & St. Louis RailroadMissouri Court of Appeals · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mason City Production Credit Ass'n v. Sig Ellingson & Co.Supreme Court of Minnesota · 1939
- Blackwell v. Laird and LairdMissouri Court of Appeals · 1942
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Otrich v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1911
- Berry Coal & Coke Co. v. Chicago, Peoria & St. Louis Railway Co.Missouri Court of Appeals · 1906
6 more not listed; retrieve them via the Exa API.