Rudolph v. National Live Stock Commission Co.
Supreme Court of Kansas
Error from Cowley district court; Carroll L. Swarts, judge. STATEMENT. The National Live Stock Commission Company, hereinafter -referred to as the National company, is a corporation doing business in Chicago and St. Louis. J. A. Rudolph is a farmer and agistor residing in Cowley county.
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Error from Cowley district court; Carroll L. Swarts, judge. STATEMENT. The National Live Stock Commission Company, hereinafter -referred to as the National company, is a corporation doing business in Chicago and St. Louis. J. A. Rudolph is a farmer and agistor residing in Cowley county. On or about April 25, 1901, W. F. Thomas, then residing in Butler county, took to Mr. Rudolph’s farm in Cowley county fifty dehorned native steers, three years old, branded “T” on the right hip, and left them with Rudolph to be pastured. The steers remained in Rudolph’s possession and were pastured by him.…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The plaintiff in error specifies several rulings of the district court which he assigns as error. We find nothing in the record, however, upon which it is necessary to comment except the rulings of the court directing a verdict for the defendant in error, and in refusing to set aside the verdict and grant a new trial.
The mortgage was not executed until fifteen days after the fifty head of cattle were delivered to Rudolph. It is true that this was a renewal of an earlier mortgage, but there is no evidence that the first mortgage was ever…
2Cases cited5 opinions
- Golden v. CockrilSupreme Court of Kansas · 1862
- Mills v. Kansas Lumber Co.Supreme Court of Kansas · 1881
- King v. C. Aultman & Co.Supreme Court of Kansas · 1880
- Waggoner v. OurslerSupreme Court of Kansas · 1894
- Tootle, Hanna & Co. v. LysterSupreme Court of Kansas · 1881
3Cited by10 opinions
- Jacquart v. JenningsSupreme Court of Kansas · 1925
- United Bank & Trust Co. v. PowersCalifornia Court of Appeal · 1928
- Ehrke v. TuckerSupreme Court of Kansas · 1916
- Wogan v. SiveySupreme Court of Kansas · 1915
- Pace v. ThreewitCalifornia Court of Appeal · 1939
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