Greeley-Burnham Grocer Co. v. Capen
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Tiiayer, Judge. The evidence discloses that S. B. Pike & Co. were only factors of George W. Capen, and as sucji he had no authority to sell goods for the account of his principal which had not been consigned to him.
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Appeal from the St. Louis Circuit Court, Amos M. Tiiayer, Judge. The evidence discloses that S. B. Pike & Co. were only factors of George W. Capen, and as sucji he had no authority to sell goods for the account of his principal which had not been consigned to him. Wharton on Agency and Agents, sect. 735 ; Story on Agency, sect. 28, and note 165 [8 Ed.] 1 Benjamin on Sales, sect. 244; Edwards on Factors and Brokers, sects. 1 and 97. There was no contract, under the statute of frauds. Steinberg n. Kinizing, 39 Mo. 221; Townsend et at. v. Dralteford, 1 Car. & K. 22; Goodman •». Griffith, 1 Hurl.…
1Opinion of the CourtThompson, J.
These are several actions for damages for the nondelivery of goods alleged to have been purchased of the defendant by the plaintiffs and their assignors, through S. B. Pike & Co., his agents for the sale of his goods, at the city of St. Louis. The shits were originally commenced by attachments before a j ustice of the peace, and such proceedings were had in the circuit court that all of them were tried together, the same evidence being for the most part applicable to all* the cases, and all of them turning upon the same facts. The trial was had in the circuit court before a judge sitting as a…
2Cases cited4 opinions
- O'Neil v. CrainSupreme Court of Missouri · 1878
- Moore v. MountcastleSupreme Court of Missouri · 1875
- Lash v. ParlinSupreme Court of Missouri · 1883
- Heideman v. WolfsteinMissouri Court of Appeals · 1882
3Cited by12 opinions
- Egger v. NesbittSupreme Court of Missouri · 1894
- Cummings v. HurdMissouri Court of Appeals · 1892
- Dinuba Farmers' Union Packing Co. v. J. M. Anderson Grocer Co.Missouri Court of Appeals · 1916
- Sharp v. KnoxMissouri Court of Appeals · 1892
- Peycke Bros. v. AhrensMissouri Court of Appeals · 1903
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