Stark v. Huber Manufacturing Co.
Stark v. Huber Manufacturing Co.
Opinion of the Court
The only issue raised in this action is one of fact pertaining to the purchase of the Bailey notes by the plaintiff from the defendant. The trial court found that the plaintiff was acting as defendant’s agent in the season of 1902; that the plaintiff accepted and treated these notes of the purchasers of the threshing outfit as his own from the time
The fact that the notes were executed on printed forms in the name of the defendant is not conclusive of the fact that they were not the plaintiff’s property under the circumstances attending their execution. Such formHof the notes does not render it impossible that the plaintiff accepted them as his property and relied on the expectation that the defendant would formally indorse them so as to make the written evidence of his title complete. Under this state of the evidence we cannot hold that the findings of the trial court are against the clear preponderance of the evidence, and they must stand.
By the Qowrt. — Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.