Little Rock Grain Co. v. J. A. Brubaker & Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Mon. James Gibson, Judge. (1) Tbe court erred in permitting plaintiff to introduce tbe deposition of H. K. Cocbran taken on tbe twenty-first day of April, 1891. R. S. 1899, sec. 2898; State ex rel. v. Withrow, 133 Mo. 500. (2) Tbe court should have permitted defendant to show tbe arrangement which be bad made with tbe Arkadelpbia Lumber Company to take the hay in controversy after notice of its rejection by plaintiff.
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Appeal from Jackson Circuit Court. — Mon. James Gibson, Judge. (1) Tbe court erred in permitting plaintiff to introduce tbe deposition of H. K. Cocbran taken on tbe twenty-first day of April, 1891. R. S. 1899, sec. 2898; State ex rel. v. Withrow, 133 Mo. 500. (2) Tbe court should have permitted defendant to show tbe arrangement which be bad made with tbe Arkadelpbia Lumber Company to take the hay in controversy after notice of its rejection by plaintiff. Parker v. Palmer, 4 Barnewall & Alderson, 529; Pierson v. Crooks, 115 N. T. 539; Bronze Co. v. Gillette, 88 Mich. 231; Stelwagon v. Coal and…
1Opinion of the CourtSmith, P. J.
This is an action which was brought before a justice of the peace. The statement, filed by the plaintiff, was to the effect that the defendants shipped from Kansas City to plaintiff’s order at Daleville, in the State of Arkansas, a carload of hay; at the same time making a draft on plaintiff for $63.31, which was paid. That on the arrival of the hay it was f ound on inspection to be unmerchantable and not according to contract in any respect; that thereupon plaintiff refused to' receive it and so notified defendants and demanded repayment by them of the said, amount of $63.31., which was…
2Cases cited4 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Holman v. BachusSupreme Court of Missouri · 1880
- Werner v. O'BrienMissouri Court of Appeals · 1890
- Deane Steam Pump Co. v. Green & ClarkMissouri Court of Appeals · 1888
3Cited by8 opinions
- Empire District Electric Co. v. JohnstonMissouri Court of Appeals · 1954
- Phares v. Jaynes Lumber Co.Missouri Court of Appeals · 1906
- Norman Lumber Co. v. Keystone Manufacturing Co.West Virginia Supreme Court · 1925
- Stolze v. St. Louis Transit Co.Missouri Court of Appeals · 1907
- Swofford Bros. Dry Goods Co. v. DimentMissouri Court of Appeals · 1908
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