Legal Opinion

Pekin Warehouse Company, a Corporation v. The Parnell Company, Inc., a Corporation

Court of Appeals for the Eighth Circuit

Decided February 26, 1957No. 15508Published

1Opinion of the Court

JOHNSEN, Circuit Judge.

A holder in due course of some negotiable warehouse receipts sued the warehouseman for damages, under Missouri law, from failure of the goods to correspond with the description in the receipts. 1 The court, on a jury-waived trial, granted a recovery, and the warehouseman has appealed.

The action was one based on V.A.M.S. § 406.200, which provides: “A warehouseman shall be liable to the holder of a receipt for damages caused by the nonexistence of the goods or by the failure of the goods to correspond with the description thereof in the receipt at the time of its issue.…

2Cases cited5 opinions

  1. Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
  2. Taney v. Penn National Bank of ReadingSupreme Court of the United States · 1914
  3. Taney v. Penn Nat. BankCourt of Appeals for the Third Circuit · 1911
  4. Dean v. . DriggsNew York Court of Appeals · 1893
  5. Hale v. Milwaukee Dock Co.Wisconsin Supreme Court · 1868

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