Long Bros. v. J. K. Armsby Co.
Missouri Court of Appeals
Appeal from the JaoJcson Circuit 'Court. — Hon. J. H. Slover, Judge. (1) The questions as to local usage in Kansas City then on this branch are: First. Did any local usage exist in this respect? Second. Wás the existence, duration and practice of such usage such as to prove a local custom. Third. If the usage sufficiently existed to so prove a local custom, can such local custom bind defendant without knowledge of it ?. Fourth.
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Appeal from the JaoJcson Circuit 'Court. — Hon. J. H. Slover, Judge. (1) The questions as to local usage in Kansas City then on this branch are: First. Did any local usage exist in this respect? Second. Wás the existence, duration and practice of such usage such as to prove a local custom. Third. If the usage sufficiently existed to so prove a local custom, can such local custom bind defendant without knowledge of it ?. Fourth. Is not such knowdedge an issuable fact; to be proved by evidence ? (2) The evidence of plaintiffs is not sufficient to prove any custom, local or otherwise. Not a…
1Opinion of the CourtSmith, P. J.
The facts in this case about which there seems to be no dispute may be summarized as follows : First. The plaintiffs are wholesale merchants at Kansas City, who buy goods in large quantities for the purpose of selling them in smaller quantities as the-demands of their customers may require; second, the: defendant is a merchant at Chicago, who deals principally in dried or evaporated fruit and canned goods, having immediate relations by contract with the manufacturers of these goods; third, the defendant had been largely engaged in selling in the Kansas City market: through J. C. Salmon & Co.,…
2Cases cited39 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Walls v. . BaileyNew York Court of Appeals · 1872
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Sandford v. HandyNew York Supreme Court · 1840
- Hawkins v. . PembertonNew York Court of Appeals · 1872
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3Cited by19 opinions
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Haggerty v. St. Louis, Keokuk & Northwestern RailroadMissouri Court of Appeals · 1903
- Schaffner v. National Supply Co.West Virginia Supreme Court · 1917
- Trinity & B. v. Ry. Co. v. GearyCourt of Appeals of Texas · 1914
14 more not listed; retrieve them via the Exa API.