Fremont Butter & Egg Company v. F. J. Snyder & Company
| Decision Date | 06 March 1894 |
| Docket Number | 5281 |
| Citation | 58 N.W. 149,39 Neb. 632 |
| Parties | FREMONT BUTTER & EGG COMPANY v. F. J. SNYDER & COMPANY |
| Court | Nebraska Supreme Court |
ERROR from the district court of Saunders county. Tried below before MARSHALL, J.
AFFIRMED.
G. W Simpson and Frick & Dolezal, for plaintiff in error.
George I. Wright and J. R. Gilkeson, contra.
F. J Snyder & Co. sued the Fremont Butter & Egg Company (hereinafter called the "corporation") in the district court of Saunders county for the price of some butter and eggs alleged to have been sold and delivered by the former to the latter. The answer of the corporation alleged two defenses: (1.) A general denial. (2.) That it was a domestic corporation, having its principal place of business at the city of Fremont, in Dodge county; that it was served with summons in Saunders county, and therefore the district court of that county had no jurisdiction over it. The corporation, having been unsuccessful in the district court brings the case here, alleging:
1. That the verdict of the jury, on which is based the judgment here sought to be reversed, is contrary to the evidence. The record shows that the corporation was organized under the general incorporation laws of the state, its principal place of business, as fixed by its charter, being in the city of Fremont, in Dodge county, where its general manager resided. It is a trading corporation, engaged in the buying, packing shipping, and sale of butter, and the buying, assorting, candling, boxing, shipping, and sale of eggs. It has "branch houses" at Red Oak, Iowa, and in Beatrice and Wahoo, Nebraska. In the latter city, at the time and for some years prior to the time of the transaction out of which this suit arose, it had a place of business--business house--on which it kept its sign, viz.: "Fremont Butter & Egg Co., Buyers of Butter and Eggs." The corporation had in its employ there one or more persons. Butter and eggs were bought by these employes or persons operating for the corporation and in its name. The eggs were assorted, candled, and boxed at this place of business by these employes of the corporation, and then shipped to the Fremont house, or to such other point as the corporation's general manager directed. The general manager of the corporation was frequently in Wahoo looking after the business there. Among others who bought butter and eggs at this point for the corporation was one Darrah. It is claimed by the corporation that he was operating on his own account and not as the corporation's agent, and that Darrah bought the goods sued for of the producers and the corporation bought them of Darrah. This contention, however, is disputed, and the evidence supports the jury's finding that Darrah, in buying the property sued for, was acting for, and on behalf of the corporation. It appears from the record that the corporation clothed this man Darrah for years with the authority of an agent. He was, to the corporation's knowledge, buying butter and eggs for the corporation at Wahoo, turning over the property bought to the corporation at its place of business in Wahoo, and drawing drafts on the corporation through the banks of Wahoo...
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Fremont Butter & Egg Co. v. Snyder
... ... 149FREMONT BUTTER & EGG CO.v.SNYDER ET AL.Supreme Court of Nebraska.March 6, 1894 ... Syllabus by the Court.1. The Fremont Butter & Egg Company was a corporation organized under the laws of the state for the purpose of buying and selling butter and eggs. Its principal place of business, as ... ...