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PEKIN WAREHOUSE COMPANY v. PARNELL COMPANY

No. 15508.

242 F.2d 166 (1957)

PEKIN WAREHOUSE COMPANY, a Corporation, Appellant, v. The PARNELL COMPANY, Inc., a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

February 26, 1957.

Attorney(s) appearing for the Case

Haywood Scott and John W. Scott, Joplin, Mo., filed brief for appellant.

Ray E. Watson, Joplin, Mo., filed brief, for appellee.

Before SANBORN, JOHNSEN and WHITTAKER, Circuit Judges.

JOHNSEN, Circuit Judge.

A holder in due course of some negotiable warehouse receipts sued the warehouseman for damages, under Missouri law, from failure of the goods to correspond with the description in the receipts.1 The court, on a jury-waived trial, granted a recovery, and the warehouseman has appealed.

The action was one based on V.A.M.S. § 406.200, which provides: "A warehouseman shall be liable to the holder of a receipt...

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