Legal Opinion

Dymock v. Missouri, Kansas & Texas Railway Co.

Missouri Court of Appeals

Decided May 22, 1893PublishedCited by 14 opinions

Appeal from the Jackson Circuit Court. — Hon. Richard Field, Judge. (1) The Midland National Bank acquired no better right to the property in controversy than Brannock & Co., or the Currier Commission Company had therein. Nat. Bank of Commerce v. Railroad, stipra; The Brunswick Co. v. Martin Co., 20 Mo.

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Appeal from the Jackson Circuit Court. — Hon. Richard Field, Judge. (1) The Midland National Bank acquired no better right to the property in controversy than Brannock & Co., or the Currier Commission Company had therein. Nat. Bank of Commerce v. Railroad, stipra; The Brunswick Co. v. Martin Co., 20 Mo. App. 158. (2) As a matter of law, the words “not negotiable” printed on the face of the bill of lading were sufficient to put the bank upon notice-of all equities attaching to the bill, and of all the infirmities of the holder’s title. Pruis v. Lumber Co.., 20 111. App. 239; Goodman v.…

1Opinion of the CourtSmith, P. J.

— This was an action of replevin to, recover possession of a car of sacked oats in the possession of the defendant railroad company. Under the writ of replevin the oats were delivered to the plaintiff. The Midland National Bank was made a party defendant, claiming an interest in the replevined property by *402virtue of being tbe owner of a bill of lading covering it.

The facts disclosed at the trial were substantially as follows: Plaintiff was a grain dealer in Kansas City. On October 19, 1891, he made a contract with A. L. Brannock & Co. for the sale of the carload of oats in controversy. The…

2Cases cited10 opinions

  1. Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
  2. Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
  3. Clark v. St. Louis, Kansas City, & Northern Railway Co.Supreme Court of Missouri · 1877
  4. Ketchum v. American Merchants Union Express Co.Supreme Court of Missouri · 1873
  5. Hall & Robinson v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892

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

3Cited by14 opinions

  1. Bank of Bristol v. B. O.R. Co.Court of Appeals of Maryland · 1904
  2. Midland National Bank v. Missouri, Kansas & Texas RailroadMissouri Court of Appeals · 1895
  3. Robert C. White Live Stock Commission Co. v. Chicago, Milwaukee & St. Paul RailroadMissouri Court of Appeals · 1901
  4. Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
  5. Hilgert v. LevinMissouri Court of Appeals · 1897

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

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