Kingman v. Holmquist
Supreme Court of Kansas
Error from Saline District Court. Charles Holmquist brought an action to recover from Charles A. Kingman and Freeman Kingman the sum of $50, as damages for the conversion of twenty-five thousand hedge plants.
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Error from Saline District Court. Charles Holmquist brought an action to recover from Charles A. Kingman and Freeman Kingman the sum of $50, as damages for the conversion of twenty-five thousand hedge plants. He alleged that in July, 1882, he purchased the plants from Charles A. Kingman, who was to deliver them at Salina, Kansas, on or before March, 1883, and that on or about the latter date Charles A. Kingman delivered the plants at the place of business of Freeman Kingman, at Salina, Kansas, together with a lot of other hedge plants, and notified Freeman Kingman that the plants so delivered…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The only contention of the plaintiff in error is, that the twenty-five thousand plants purchased by Holmquist were not separated from the whole number delivered, in such a way as to transfer the title to him, and enable him to maintain an action for conversion. The hedge plants were tied up in bundles of two hundred and fifty plants each, which, so far as the record shows, were the same in quality and value.' Holmquist purchased and paid for the plants, and the vendor agreed to deliver them at Kingman’s place of business at Salina. He did…
2Cases cited10 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Pleasants v. PendletonSupreme Court of Virginia · 1828
- Chapman v. ShepardSupreme Court of Connecticut · 1872
- Phillips v. Ocmulgee MillsSupreme Court of Georgia · 1876
- Carpenter v. GrahamMichigan Supreme Court · 1879
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3Cited by7 opinions
- Geoghegan Sons & Co. v. Arbuckle Bros.Supreme Court of Virginia · 1924
- Stewart v. Henningsen Produce Co.Supreme Court of Kansas · 1913
- Wing v. Mid-Continent Seeds, Inc.Supreme Court of Kansas · 1950
- Barber v. ThomasSupreme Court of Kansas · 1903
- Kennedy v. Glen Cove Mutual InsuranceSupreme Court of Kansas · 1941
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