Koontz v. Wheeling & Lake Erie Railway Co.

This action was tried to the court, a jury being- waived. It was brought by the plaintiffs, who are a firm doing business in New Martinsville, West Va., to recover the value of a car of lumber sold by plaintiffs upon credit, to the. Gashe Lumber Co., of Toledo, and which lumber, it is alleged, that the defendant converted to its own use. The case was submitted upon an agreed statement of facts, the material part of which I. will read:

“On or about the —day of January, 1895, said plaintiffs delivered to the said Ohio Biver Bailroad Company, at New Martinsville, West Virginia, a certain car of…