Potter v. Mt. Vernon Roller Mill Co.
Missouri Court of Appeals
Appeal from Lawrence Circuit Court.— Hon. Henry C. Pepper, Judge. (1) The evidence shows no contract of exchange or of sale of the wheat of either Potter or Sims or Johnson; hut does show that there was simply a delivery by them of wheat to defendant, who was engaged in the business of receiving and storing in its elevator, wheat of numerous farmers to be held for their use and subsequent disposal at their pleasure; in other words, that in each instance there was a transfer…
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Appeal from Lawrence Circuit Court.— Hon. Henry C. Pepper, Judge. (1) The evidence shows no contract of exchange or of sale of the wheat of either Potter or Sims or Johnson; hut does show that there was simply a delivery by them of wheat to defendant, who was engaged in the business of receiving and storing in its elevator, wheat of numerous farmers to be held for their use and subsequent disposal at their pleasure; in other words, that in each instance there was a transfer of the possession, but no transfer of the ownership of the wheat. The transactions meet the exact conditions of that…
1Opinion of the CourtEeyjburn, J.
The evidence in this ease discloses that defendant owned and operated a flouring mill at Mt. Yernon, and connected therewith an elevator in which, without charge for storage, was stored wheat obtained from different owners varying in quality and value and commingled in a general bulk, from which wheat was taken by defendant in course of its business, both for sale, and for manufacture into flour. It appeared to be a custom firmly established and well understood, to receive wheat from producers and owners, and return them on demand, at their option, wheat or the equivalent of its market value…
2Cases cited9 opinions
- Powder Co. v. BurkhardtSupreme Court of the United States · 1878
- Lyon v. LenonIndiana Supreme Court · 1886
- Rice v. NixonIndiana Supreme Court · 1884
- Nelson v. Brown, Doty & Co.Supreme Court of Iowa · 1876
- Martin v. Ashland Mill Co.Missouri Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lindsey v. Cryts (In Re Cox Cotton Co.)District Court, E.D. Arkansas · 1982
- Wilson-Moline Buggy Co. v. PriebeMissouri Court of Appeals · 1907
- State v. EdwardsSupreme Court of Missouri · 1940
- Diehr v. Thompson Chemicals Corp.Missouri Court of Appeals · 1955
- Knapp v. KnappMissouri Court of Appeals · 1906
6 more not listed; retrieve them via the Exa API.