Legal Opinion

Young v. Miles

Wisconsin Supreme Court

Decided February 15, 1869PublishedCited by 6 opinions

APPEAL from the Circuit Court for Milwaukee County.* Beplevin, for wheat. In 1863 and 1864, one Wm. H. Bob-inson was employed to buy wheat for the plaintiff, to be stored in his (Bobinson’s) warehouse in Wabasha, Minn., the agreement being that it might be stored with other grain of the same quality by inspection, received about the same time for other owners.

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APPEAL from the Circuit Court for Milwaukee County.* Beplevin, for wheat. In 1863 and 1864, one Wm. H. Bob-inson was employed to buy wheat for the plaintiff, to be stored in his (Bobinson’s) warehouse in Wabasha, Minn., the agreement being that it might be stored with other grain of the same quality by inspection, received about the same time for other owners. Prom the 26th of January, 1864, down to the commencement of this action, plaintiff held a warehouse receipt from Bobinson, of the former date, for 4,168 bushels No. 1 spring wheat, on which were indorsed receipts as follows: July'5,…

1Opinion of the CourtCole, J.

We are by no means clear that the books of Higby were incompetent evidence under the circumstances. The general accuracy of the books was fully proven, and the course of business in receiving freight for the cars. And T. Higby says he made the entries of the wheat received by the ears numbered 278, 1,002, 836 and 996, according to the account sent from the railroad company. He explains fully the method of doing business between the firm of Higby & Son and the railroad company, and shows how they ascertained the amount of wheat delivered and the car by which it was received. But we shall not…

2Cases cited1 opinion

  1. Young v. MilesWisconsin Supreme Court · 1866

3Cited by6 opinions

  1. Kastner v. AndrewsNorth Dakota Supreme Court · 1923
  2. Schindler v. WestoverIndiana Supreme Court · 1884
  3. Rahilly v. WilsonU.S. Circuit Court for the District of Minnesota · 1873
  4. National Bank v. LanganAppellate Court of Illinois · 1888
  5. Hamilton v. National Loan BankU.S. Circuit Court for the District of Western Missouri · 1875

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