Metropolitan Nat. Bank v. Benedict Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United Mtates for the Western District of Missouri. This cause was tried before the court, which made a special finding of facts.
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In Error to the Circuit Court of the United Mtates for the Western District of Missouri. This cause was tried before the court, which made a special finding of facts. The facts material to the decision of the case in this court are as follows: On the 19th day of October, 1891, the Stern Auction & Commission Company, a Missouri corporation engaged in business at Kansas City, Mo., and the Benedict Company, a Wisconsin corporation engaged in the manufacture and sale of ready-made clothing at Milwaukee, entered into the following contract: “Kansas City, Mo., Oct. 19th, ’94. “In consideration of…
1Opinion of the Court
CALDWELL, Circuit Judge,
after stating the case as above, delivered -the opinion of the court.
The contract between the Benedict Company and the Stern Auction & Commission Company (hereafter called the “Commission Company”) was not a sale, but a contract of factorage. The stipulations of the contract are not appropriate to a contract of sale. If it was a sale, and the commission company acquired the absolute title, what concern was it of the Benedict Company when they were sold? When one merchant sells goods to another, the seller never requires the buyer to enter into a covenant that he will…
2Cases cited13 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Chicago v. SheldonSupreme Court of the United States · 1870
- Topliff v. TopliffSupreme Court of the United States · 1887
- District of Columbia v. GallaherSupreme Court of the United States · 1888
- Knox County v. Ninth National BankSupreme Court of the United States · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In re Columbus Buggy Co.Court of Appeals for the Eighth Circuit · 1906
- John Deere Plow Co. v. McDavidCourt of Appeals for the Eighth Circuit · 1905
- First National Bank v. McIntosh & Peters Live-stock & Commission Co.Supreme Court of Kansas · 1906
- In Re Taxes, Aiea Dairy, Ltd.Hawaii Supreme Court · 1963
- Marrinan Medical Supply, Inc. v. Ft. Dodge Serum Co.Court of Appeals for the Eighth Circuit · 1931
17 more not listed; retrieve them via the Exa API.