Mullins v. A. Brown & the Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from Pawnee District Court. Action by Brown against The Railroad Company, to recover the value of certain broom corn. Mullins and other persons were made parties, as requested by the defendant company. Mullins answered, setting up his claim to the subject-matter of the controversy. Trial at the November Term, 1883, when the jury rendered a general verdict for the plaintiff for $550, and also made special findings.
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Error from Pawnee District Court. Action by Brown against The Railroad Company, to recover the value of certain broom corn. Mullins and other persons were made parties, as requested by the defendant company. Mullins answered, setting up his claim to the subject-matter of the controversy. Trial at the November Term, 1883, when the jury rendered a general verdict for the plaintiff for $550, and also made special findings. The court overruled Mullins’s motion for judgment in his favor upon the special findings, and also overruled his motion for a new trial. Judgment was rendered upon the general…
1Opinion of the Court
*313The opinion of the court was delivered by
Valentine, J.:
The controversy in this case exists between Michael Mullins and Alonzo Brown, although others were made parties in the court below and are now parties in this court. The controversy is with regard to the ownership of certain broom corn owned by Michael Mullins on the morning of November 8,1882, but sold conditionally on that morning by Mullins to Lee Boyles. Mullins’s contract with Boyles was, that Mullins should furnish to Boyles on that day a car-load of broom corn at his (Mullins’s) elevator or warehouse, in the city of Larned, Pawnee…
2Cases cited1 opinion
- Kermeyer v. NewbySupreme Court of Kansas · 1875
3Cited by5 opinions
- Noble v. DoughtenSupreme Court of Kansas · 1905
- National Life Insurance v. GobleNebraska Supreme Court · 1897
- Baumgardner v. HenryMichigan Supreme Court · 1902
- Wriggelsworth v. LottMichigan Supreme Court · 1943
- Morrison v. MontgomerySupreme Court of Kansas · 1917