Tandy v. Elmore-Cooper Live Stock Commission Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James Gibson, Judge. (1) The note and guaranty in said suit are void, because they were extorted by the plaintiff by means of a duress of goods. (2) The common law was in force in Oklahoma at the time of the execution of the note and guaranty in suit. Statutes of Oklahoma (1893), sec. 3874. And an agister’s lien did not exist at the common law. Stone v. Kelley, 59 Mo. App. 214, 218; Pickett v. McCord 62 Mo.
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Appeal from Jackson Circuit Court. — Eon. James Gibson, Judge. (1) The note and guaranty in said suit are void, because they were extorted by the plaintiff by means of a duress of goods. (2) The common law was in force in Oklahoma at the time of the execution of the note and guaranty in suit. Statutes of Oklahoma (1893), sec. 3874. And an agister’s lien did not exist at the common law. Stone v. Kelley, 59 Mo. App. 214, 218; Pickett v. McCord 62 Mo. App. 467, 473; 2 A. and E. Encyc., Law (2 Ed), p. 12. (3) Even in those jurisdictions where the law allows an agister to have a lien on the…
1Opinion of the CourtSmith, P. J.
— The facts out of which the action arose may be summarized in about this way: The plaintiff was in possession of a pasture in Woodward county, Oklahoma, containing about 240 sections of land which he had inclosed with a barbed wire fence. The title to all this land except about two-ninths was in the *413United States — it being part of the public domain. In 1899 one Hudson, who was the owner of about two thousand head of cattle subject to a mortgage to the defendant, entered into a contract with plaintiff under which Hudson turned over to plaintiff the cattle to be by the latter kept in his…
2Cases cited18 opinions
- Camfield v. United StatesSupreme Court of the United States · 1897
- Wolfe v. MarshalSupreme Court of Missouri · 1873
- Sumner v. SummersSupreme Court of Missouri · 1873
- Ehrhardt v. Robertson Bros.Missouri Court of Appeals · 1899
- Stone v. Kelley & SonMissouri Court of Appeals · 1894
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Loving & Evans v. BlickCalifornia Supreme Court · 1949
- Hammons v. EisertMissouri Court of Appeals · 1988
- Goodyear Tire & Rubber Co., Houston Chemical Plant v. SanfordCourt of Appeals of Texas · 1976
- Avco Corporation v. PreteskaConnecticut Superior Court · 1961
- Smith v. GladneyTexas Supreme Court · 1936
15 more not listed; retrieve them via the Exa API.