H. W. Benedict & Co. v. Inland Grain Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) This consignment of hay having been made generally, and advances made and liabilities incurred thereon by plaintiffs, 'plaintiffs were clothed by the law with the right to exercise their own discretion as.to the time, mode and price at which said hay might be sold.
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Appeal from the Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) This consignment of hay having been made generally, and advances made and liabilities incurred thereon by plaintiffs, 'plaintiffs were clothed by the law with the right to exercise their own discretion as.to the time, mode and price at which said hay might be sold. Brown v. McGran, 14 Pet. 479; Field v. Farrington, 10 Wall. 141; Given v. Lemoine, 35 Mo. 110; Howard v. Smith, 56 Mo. 314. (2) There was no evidence in the case tending to prove any negligence on the part of plaintiffs. It is conclusively shown that they were…
1Opinion of the Court
SMITH, P. L
Statement. The plaintiffs were commission merchants engaged in selling hay on commission at New Orleans, and the defendant was an incorporated commission company engaged in buying and selling hay at Kansas City. About the middle of January, 1896, defendant shipped to the plaintiffs three car loads of hay to be sold on commission on the New Orleans market. At the time of the shipment the defendant drew three drafts amounting to $275 against said consignment which were paid by the plaintiffs. The hay was not sold until the tenth of August following.
The account of sales reported…
2Cases cited5 opinions
- Feild v. FarringtonSupreme Court of the United States · 1870
- Howard v. SmithSupreme Court of Missouri · 1874
- Pinkham v. CrookerSupreme Judicial Court of Maine · 1885
- Bernet & Craft v. HockadayMissouri Court of Appeals · 1895
- Given v. LemoineSupreme Court of Missouri · 1864
3Cited by3 opinions
- Wyoming Wool Marketing Ass'n v. WoodruffWyoming Supreme Court · 1962
- F. G. Barton Cotton Co. v. VardeleMissouri Court of Appeals · 1925
- Union Cold Storage & Warehouse Co. v. PittsMissouri Court of Appeals · 1913