Simmons v. Shaft

Citations

• 91 Kan. 553
• 138 P. 614
• 1914 Kan. LEXIS 77

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cattle — Delivered to Keep — Increase to be Divided — Transaction a Bailment — Not Creative of a Pwtnership. The owners of certain cattle delivered them to another to keep for a term oí years, the increase to be divided as specified, the original herd to be returned at the end of the term. A certain shrink was to be borne by such owners and any loss above that to be borne in fixed proportions by the parties, such owners to pay the taxes. Held, that such other party thereby became bailee of such cattle and not a partnership owner thereof.</p> <p>2. Same — Sale by Bailee Without Authority — Rights of Purchaser. One who bought such cattle of such bailee sought to defend title against the owners by showing permission and ratification of sales and exchanges made by the bailee. Held, that such permission and ratification, if shown, would not avail such purchaser unless he was himself deceived or misled thereby.</p> <p>3. New Trial — Newly Discovered Evidence. The rule that to require the granting of a new trial on the ground of newly discovered evidence such evidence must be other than cumulative — followed.</p>