Ætna National Bank v. Water Power Co.
Missouri Court of Appeals
Appeal from the Jachson Circuit Court. — Hon. Ed. L. Scarritt, Judge. (1) When the Water Power Company delivered the flour in controversy to the Atchison, Topeka & Santa Ee Eailroad, at Hutchinson, Kansas, and had received its bill of lading therefor consigning the flour to N. E. Glorsuch., and caused the bill of lading-to be delivered to N. F. Grorsuch, at Kansas City, then the delivery of said bill of lading was a delivery of said flour; divested the title of the Water…
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Appeal from the Jachson Circuit Court. — Hon. Ed. L. Scarritt, Judge. (1) When the Water Power Company delivered the flour in controversy to the Atchison, Topeka & Santa Ee Eailroad, at Hutchinson, Kansas, and had received its bill of lading therefor consigning the flour to N. E. Glorsuch., and caused the bill of lading-to be delivered to N. F. Grorsuch, at Kansas City, then the delivery of said bill of lading was a delivery of said flour; divested the title of the Water Power Company and vested it in N. F. Corsuch. Shilling v. Bowman,. 6 Mo. App. 76; Railroad v. McLinley, 32 Mo. App. 167;…
1Opinion of the CourtEllison, J.
This is an action of replevin for a car load of flour in which judgment was given for the defendants by the court below and the plaintiff has appealed.
The facts necessary to an understanding of the legal points involved, are these: The defendant water company is a company doing business at Hutchinson, in the state of Kansas, and, on the seventeenth day óf September, 1892, was the owner of the flour. On that day it entered into an agreement with one Gorsuch, residing and doing business at Kansas-City, Missouri, for the sale of the flour to him, and, in pur*536suance of such agreement, said water…
Also in this document: Concurrence.
2Cases cited4 opinions
- Updyke v. WheelerMissouri Court of Appeals · 1889
- Teichman Commission Co. v. American BankMissouri Court of Appeals · 1887
- Boller v. CohenMissouri Court of Appeals · 1890
- State v. KirbySupreme Court of Missouri · 1893
3Cited by3 opinions
- Knapp v. Minneapolis, St. Paul, & Sault Ste, Marie Railway Co.North Dakota Supreme Court · 1916
- Aetna National Bank v. Union Pacific Railway Co.Missouri Court of Appeals · 1897
- Watkins National Bank v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Missouri Court of Appeals · 1906