Leach v. Missouri Tie & Timber Company

• Decision Date: 04 April 1905
• Citation: 86 S.W. 579,111 Mo.App. 650
• Parties: LEACH et al., Respondents, v. MISSOURI TIE & TIMBER COMPANY, Appellant
• Court: Missouri Court of Appeals

86 S.W. 579

111 Mo.App. 650

LEACH et al., Respondents, v. MISSOURI TIE & TIMBER COMPANY, Appellant

Court of Appeals of Missouri, St. Louis

April 4, 1905

Appeal from Ripley Circuit Court.--Hon. Jas. L. Fort, Judge.

REVERSED.

Judgment reversed.

J. C Sheppard, Dinning & Hamel for appellant.

Thos F. Lane and Jno. H. Raney for respondents.

OPINION

BLAND P. J.

Plaintiffs are partners in a general store. The defendant is a Missouri corporation. The petition consists of two hundred and eight counts, all of which are to recover on orders for merchandise. All the orders sued on are identical, except as to amounts and dates. The issues were submitted to the court, sitting as a jury, and it was agreed by the parties that count No. 207 should be tried separately and all the other counts should abide the result of the trial of this one. The order in the two hundred and seventh count of the petition is as follows:

Order for Merchandise, $ 5.00

To Missouri Tie and Timber Company.

Order of H. A. Sweeney.

Acct. XX. O. K., J. W. Beauchamp.

No. 1761C.

(On inside of first sheet of cover is following:)

Merchandise order.

Amounting to

Five dollars,

At the store of

Missouri Tie and Timber Company.

Upon conditions named in back of this book and made a part hereof.

(Within the cover are 100 coupons, as follows:)

Merchantile Coupon.

5 cents.

Missouri Tie and Timber Company.

No. 1761C.

(On back of cover appears the following:)

"Missouri Tie and Timber Company.

"Please furnish myself or goods at your store to the amount of $ 5.00 and charge same to my account as per coupons contained in this book. These coupons to be detached only by the authorized employees of the Missouri Tie and Timber Company, and if otherwise detached to be worthless.

(Signed) "H. A. SWEENEY."

The evidence shows that defendant (as its corporate name indicates) is engaged in the tie and lumber business, and employs from one hundred and fifty to two hundred workmen. It keeps two stores, one of which is nearby that of plaintiffs. From these stores it furnishes goods to its employees. The order described in count No. 207 was issued to one of its employees and charged against his account for labor. The employee to whom the order was issued delivered it to plaintiffs in payment for goods bought at their store. The plaintiffs presented the order to defendant and demanded cash payment, which the defendant refused.

The verdict was for the plaintiffs, and judgment was entered in their favor on all the counts of the petition. Defendant appealed.

Unless restricted by some valid statute the defendant had the undoubted right to contract with its employees to pay them for their labor, in whole or in part, in such merchandise out if its general stock as the laborers might require, and to issue and give out such an order as the one in question as evidence of the contract. Section 8142, R. S. 1899, makes it unlawful for any person or corporation to issue, pay out or put in circulation, for payment of wages or labor, an order such as the one sued on; and section 8143 makes it obligatory on any person or corporation issuing any such order, on demand of the holder, to redeem...