Nordhues v. Maulsby, 815 N.W.2d 175 (Neb. Ct. App. 2012)

(following loss of 140 cattle in a replevin action in which the court held that under Nebraska law, no valid title to cattle passed to plaintiff through series of sales in Missouri and Nebraska started by seller who was entrusted with care and breeding of cattle, but not for sale of cattle, plaintiff brought suit against seller for indemnification; all sellers cross-appealed in linear order of sale except no claim brought against original seller because he was bankrupt; court determined action should be decided pursuant to Missouri law; Missouri allows merchants to sell entrusted goods (Nebraska requires specific intention for sale); stipulations made by parties that if original sale generated good title, then all subsequent sales were valid; court held original sale was to a buyer in the ordinary course without knowledge of any issues with title, therefore all subsequent sales were valid; court acknowledged discrepancy between replevin action and outcome of this claim, but plaintiff failed to plead res judicata and two cases were determined by different a state’s law).