Bennett v. Chicago, Rock Island & Pacific Railroad
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — licit. Alonso D. Burnes, Judge. (1) The cattle were shipped and the contract of shipment was made in the name of W. "W. Silvius, as consignee, who testified that he was owner of part and was holding balance in his name to secure payment of the purchase money. The suit should have been in his name. Atchison v. Railroad, 80 Mo. 213; Harvey v. Railroad, 74 Mo. 538; Porter v. Raymond, 53 N. H. 519; Clubb v. Railroad, 136 Mo.
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Appeal from Clinton Circuit Court. — licit. Alonso D. Burnes, Judge. (1) The cattle were shipped and the contract of shipment was made in the name of W. "W. Silvius, as consignee, who testified that he was owner of part and was holding balance in his name to secure payment of the purchase money. The suit should have been in his name. Atchison v. Railroad, 80 Mo. 213; Harvey v. Railroad, 74 Mo. 538; Porter v. Raymond, 53 N. H. 519; Clubb v. Railroad, 136 Mo. App. 1; Hickman v. Craig, 6 Mo. App. 582; 3 Ency. PL and Pr. 826. (2) • Plaintiff’s instruction on the measure of damages seems to mean…
1Opinion
ON MOTION EOR REHEARING.
In the opinion in this case it is stated that the petition showed on its face the defect of party plaintiff if there was such, in which we were incorrect and the inadvertence is made the basis for the motion for a new trial. The error was not material, as all the evidence showed that the plaintiff was the owner of the cattle, and it was shown beyond dispute that the agent had no authority from him to ship them in his, the agent’s name, as consignor and consignee, and for that reason plaintiff was the proper and necessary party.
*300Notwithstanding the consignor is the…
2Cases cited2 opinions
- Whittenton Manuf'g Co. v. Memphis & Ohio River Packet Co.United States Circuit Court · 1884
- Central American Steamship Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1910