Union Cold Storage & Warehouse Co. v. Pitts
Missouri Court of Appeals
Appeal from Polk County Circuit Court.—Hon. G. H. Skinker, Judge. (1) Plaintiff was not required to sell'the produce on notice or at the time the notes were due, even though authorized or requested to sell.- Story on Bailments, sec. 308; Franklin Sav. Inst. v. Preetorius, 6 Mo.
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Appeal from Polk County Circuit Court.—Hon. G. H. Skinker, Judge. (1) Plaintiff was not required to sell'the produce on notice or at the time the notes were due, even though authorized or requested to sell.- Story on Bailments, sec. 308; Franklin Sav. Inst. v. Preetorius, 6 Mo. App. 470; Muller v. Nichlos, 50 111. App. 663; 31 Cyc.-828, 873; Lake v. Trust Co., 90 S. W. 847; Bank v. Waddell, 85 S. W. 417; Bozett v. McClellan, 48 111. 345; Furness v. Bank, 147 111. 570; Newson v. Doris, 133 Miss. 343; Robinson v. Hurley, 11 Iowa, 410; Elevator Co. v. Betcher, 42 Minn. 210; O’Neil v. Wigham, 87…
1Opinion of the CourtRobertson, P. J.
Plaintiff alleges in its petition that it is engaged in the cold storag;e and warehouse business in the city of Chicago and that at the special instance and request of the defendant it advanced to him the sum of $3300 for which the defendant executed and delivered to it five promissory notes aggregating said sum and that the defendant held in storage with plaintiff in Chicago produce designated and described in various invoices mentioned in said notes which was to be held by the plaintiff as collateral security for said notes; that the collateral contract in said notes provided that the…
Also in this document: Concurrence.
2Cases cited4 opinions
- National Exchange Bank v. KilpatricSupreme Court of Missouri · 1907
- Schaaf v. FriesMissouri Court of Appeals · 1901
- People's State Savings Bank v. Missouri, Kansas & Texas RailwayMissouri Court of Appeals · 1911
- H. W. Benedict & Co. v. Inland Grain Co.Missouri Court of Appeals · 1899
3Cited by3 opinions
- Amick v. Empire Trust Co.Supreme Court of Missouri · 1927
- First National Bank v. HahnMissouri Court of Appeals · 1917
- Franklin Trust Co. v. GoerkeSupreme Court of New Jersey · 1936