Fletcher v. Great Western Elevator Co.
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. J. 0. Andrews and Hon. A. W. Campbell, Judges. Action by H. S. Fletcher against the Great Western Elevator Company on a warehouse receipt. From a judgment for plaintiff, and from an order overruling a motion for a new trial, defendant appeals.
Read the full summary
Appeal from circuit court, Codington county. Hon. J. 0. Andrews and Hon. A. W. Campbell, Judges. Action by H. S. Fletcher against the Great Western Elevator Company on a warehouse receipt. From a judgment for plaintiff, and from an order overruling a motion for a new trial, defendant appeals. With respect to the right to go behind the recitals' in a grain warehouse receipt purporting to acknowledge the receipt of certain wheat, with a view to showing that such wheat was never in fact delivered to the warehouseman issuing the receipt, the latter stand on the same legal footing and are governed…
1Opinion of the CourtFuller, P. J.
This appeal is from an order .overruling a motion to set aside a verdict for $215.90, and grant a new trial, in an action based upon the following warehouse receipt, indorsed by William Dixon, and of which respondent, Fletcher, is the owner: “Great Western Elevator Company. No 1,524. Oct. 14, 1895. Received in store of William Dixon by this elevator company, at Gardner, So. Dak., five hundred 00160 cleaned wheat, grade No. Io. Which grain in kind and grade, we agree to deliver at this warehouse to the original holder of this receipt; but, in case of the transfer of this receipt to another…
2Cases cited14 opinions
- Bank of Batavia v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- Griswold v. . HavenNew York Court of Appeals · 1862
- Maynard v. Fireman's Fund InsuranceCalifornia Supreme Court · 1867
- Brooke v. New York, Lake Erie, & Western R. R.Supreme Court of Pennsylvania · 1885
- Planters' Rice-Mill Co. v. Merchants' National BankSupreme Court of Georgia · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Northcraft v. Edward C. Michener Associates, Inc.Supreme Court of Pennsylvania · 1983
- Joy v. Farmers Nat. Bank of ChickashaSupreme Court of Oklahoma · 1932
- Citizens State Bank v. Security BankSouth Dakota Supreme Court · 1929
- Citizens' Nat. Bank v. Great Western Elevator Co.South Dakota Supreme Court · 1900