The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1889-04-19
IMPORTANT DECISION.
A Sioux City Court Interests Stock
Shippers.

Shippers.
The Sioux City Times of the 9th has
the following of interest to Dakota
stock shippers:
This morning at 8 o'clock Justice
Underwood rendered a decision in the
case of Strange Bros. VS.. The Silber-
horn Packing company, the decision
being in favor of the defendant.
In 1887 the Union Stock Yards COM
pany of Sioux City made a contract
with the Silberhorn Packing company
whereby the Stock Yards company
agreed to deliver to the Silberhorn
Packing company all dead hogs re-
ceived at the stock yards for soc per
100 pounds. The life of the contract
is ten years.
Strange Bros, made contracts with
about 300 shippers whereby Strange
Bros. were to receive all dead hogs be-
longing to said shippers, which might
be received at the Union Stock Yards,
at S1.2o to $1.50 per 100 pounds. When
Strange Bros. went to the Union
Stock Yards to take the dead hogs of
said shippers. en- their contracts, the
Union Stock Yards company and the
Silberhorn Packing company refused
to deliver said hogs to Strange Bros.
The suit was brought for the recovery
of certain dead hogs. Marsh & Hen
derson appeared for the plaintiff and
q. L. Wright for the defendant.
Justice Underwood holds:
1. That the contract of the Union
Stock Yards company with the Silber-
horn company whereby it is agreed by
the parties of the first part to deliver
to the parties of the second part all
dead hogs received at the Union Stock
Yards at so cents per 100 pounds, is il
legal, as it is restriction of trade.
2. That the contracts of Strange
Bros. with shippers whereby the par
ties of the first part are to receive the
dead hogs of the parties of the second
part are illegal, for the reason that nc
consideration isnamed in the contract
8. That the Union Stock Yards com.
pany has no legal right to make laws
restricting any parties from buying OF
selling in the yards which is, in fact, g
public market.
| 4. That the Union Stock Yards com
pany has no legal right to dispose o1
dead hogs on the grounds of sanitary
protection until the said dead hogs
have remained in the yards untouched
by the owner or commission men for E
reasonable time.
5. That commission men to whom
stock is consigned have the sole righ
to said stock in the yards.
g. That inasmuch as the dead hog.
in controversy were regularly sold by
commission men to the Silberhor1
Packing company, the said SiiberhorI
Packing company is legally entitled tt
possession of the same.
The Strange Bros. contracts are dull,
signed and drawn. Justice Underwood
holds that it is not legal contract. Ii
this he differs with the code which
says:
Section 2ll3. All contracts in writ
ing, signed by the party to be bound
or his authorized agent, or attorney
shall import a consideration.
Some time before the hour set TO
the giving of the decision the cour
room was crowded. There were pres
ent large number OF shippers VIII
were awaiting the rendering of the de
cision with much interest. They wer
anxious to know whether or not the
were to be deprived of the right to sci
their stock OH the public market ii
Sioux City to the highest bidders. Th
decision is, in substance victory TO
the 800 shippers who haye contracte
their dead hogs to Strange Bros. at
much higher price than the Silberhor
company will pay. Under the decis
ion the contract OF the Union Stoc
Yards company with the silberhor
Packing company isillegal, and henc
cannot be enforced. The decision. {
stated, makes the commission !ner
chant to whom Stock is conSi. .saeI t.r
sole authority TO tsss;r'ae o, dead hnt,
s.s Tiell as live ones. iila coinmlssiu
men, us matter IT business, will Sc
tie stock in accordanec with the il
structions of his customers (ile ,ne
who make it possible for him TO d
bGsiness), the shippers. The shippel
who have contracted TO deliver the
! dead hogs to Strange Bros. at mo-
a than twice as much as Si.berhogn wi
, pay, will, as matter of business, il
f struct the commission firm receivi1
:, the hogs to deliver the dead hogs
a Strange Bros. aud under the decisit
4 tine stock yards company nor the si'bt
n horn Packing company can not, III al
= way, prevent the hogs from being
= delivered The commission men a
. in the yard for business ANA cannot {
y ford to, and viii not, ignore the
:, structions of their customers.