Frazier v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon. E. B. McKee, Judge. (1) The sale of the car load of coal to Frazier was a cash sale. Neither title nor possession, therefore, passed to him until he had made payment, or tender of payment therefor, and he had no right of action for conversion against the defendant. Hall v. Railroad, 50 App. 179; Stresovich & Co. v. Resting, 63 Mo. App. 57; State v. Green Tree Co., 32 Mo.
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Appeal from Knox Circuit Court. — Hon. E. B. McKee, Judge. (1) The sale of the car load of coal to Frazier was a cash sale. Neither title nor possession, therefore, passed to him until he had made payment, or tender of payment therefor, and he had no right of action for conversion against the defendant. Hall v. Railroad, 50 App. 179; Stresovich & Co. v. Resting, 63 Mo. App. 57; State v. Green Tree Co., 32 Mo. App. 281; Freight and Cotton Press Co. v. Stanard, 44 Mo. 71; Freight and Cotton Press Co. v. Plant, 45 Mo. 517; Kerr v. Henderson, 42 Ath-174; Trust & Savgs.Tnst. v. Paper Mills Co., 43…
1Opinion of the CourtReyburn, J.
Plaintiff, a saloonkeeper, at Baring, Missouri, in November, 1901, through Yocum, local agent of defendant, verbally ordered a carload of cóál "to be shipped from Marceline, Missouri, by Lambeth' & *359Sons. The coal was shipped at Baring and-a hill of lading issued, naming Lambeth & Sons as consignors and plaintiff as consignee. The consignee was unhnown to the shippers, and prior to the shipment defendant’s agent agreed that defendant should become responsible to consignors for the coal, if not paid for by Frazier in a reasonable time. Upon arrival at its place of destination, the coal…
2Cases cited7 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Parker v. RodesSupreme Court of Missouri · 1883
- Hall & Robinson v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Welch v. WelchSupreme Court of Missouri · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Starman v. John Wolfe, Inc.Missouri Court of Appeals · 1973
- Masoner v. BellSupreme Court of Oklahoma · 1908
- Bien v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Burrton State Bank v. Pease-Moore Milling Co.Missouri Court of Appeals · 1912
- F. H. Smith Co. v. Louisville & Nashville RailroadMissouri Court of Appeals · 1909
5 more not listed; retrieve them via the Exa API.