Morse v. La Crosse Milling, Grain, & Ice Co.
Citations
- 116 Kan. 697
- 229 P. 366
- 1924 Kan. LEXIS 161
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Wheat Deposited in Elevator — Sale Distinguished from a Bailment— Wheat Sold by Elevator Company — No Trust Fund Created. Placing wheat in an elevator by the grower under a stipulation that “he should have the right to sell or to withdraw the said wheat, or wheat of like grade and quality,” does not constitute a bailment thereof, and the money arising from a sale of the wheat by the elevator company does not constitute a trust fund in the hands of the company.</p> <p>2. Same — Election of Remedies by Grower of Wheat. Under the circumstances described in the first paragraph of this syllabus, an action by the grower of the wheat to recover the value thereof constitutes an election of remedies if he has more than one.</p> <p>3. Same — Election of One of Two Inconsistent Remedies Bars Recovery Under the Other. After the election of remedies described in the second paragraph of this syllabus, the grower of the wheat cannot proceed against the-officers of the corporation as joint tort-feasors to recover for the wrongful conversion of the wheat.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the respondent-judge “did repeatedly testify falsely under oath in a courtroom, with all the gravity that such a venue should communicate, especially to a judge, in response to questions asked of her by a judge on the bench”
- “This Court has consistently imposed the most severe sanction by removing judges for testifying falsely under oath.”
- “This Court has consistently imposed the most severe sanction by removing judges for testifying falsely under oath.”
- “The master and the JTC both found that respondent made false statements under oath in Judge Brennan’s courtroom. We agree.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Marshall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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