Johnson—Brinkman Commission Co. v. Central Bank
Supreme Court of Missouri
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1). The admission of incompetent, irrelevant and immaterial evidence at the trial ought to operate a "reversal.. (2) Plaintiff parted with the property in and the right of possession to the wheat by the delivery to the Imboden Commission Co. First. With the property: The vendor’s intention governs and is shown to have been to pass the property-r-(aJ By the delivery of the bill of lading.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1). The admission of incompetent, irrelevant and immaterial evidence at the trial ought to operate a "reversal.. (2) Plaintiff parted with the property in and the right of possession to the wheat by the delivery to the Imboden Commission Co. First. With the property: The vendor’s intention governs and is shown to have been to pass the property-r-(aJ By the delivery of the bill of lading. Cunningham v. Ashbrook,' 20 Mo. 553; Williams v. Evans, 39 Mo. 207; Upton v. Cotton Mills, 111 Mass. 446; Freeman v. Nichols, 116 Mass. 309;…
1Opinion of the CourtBurgess, J.
This is an action to recover the proceeds or value of six car loads of wheat. Prior to August 30, 1890, the Imboden Commission Company, a corporation engaged in the grain business, contracted to buy of the plaintiff in this action, also a corporation engaged in the grain business, six car loads of wheat. On that day, Saturday, August 30, 1890, the plaintiff delivered to the Imboden Commission Company, the six cars of wheat in controversy, by delivering to them the original bill of lading, the inspector’s certificate, elevator receipts, etc., and receiving in return the check of the Imboden…
2Cases cited35 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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3Cited by80 opinions
- Standard Oil Co. of Ky. v. HawkinsCourt of Appeals for the Seventh Circuit · 1896
- Pearl v. Interstate Securities Co.Supreme Court of Missouri · 1947
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Engstrom v. WileyCourt of Appeals for the Ninth Circuit · 1951
- Gillen v. Wakefield State BankMichigan Supreme Court · 1929
75 more not listed; retrieve them via the Exa API.