Pattison v. Culton
Indiana Supreme Court
APPEAL from the Marion Civil Circuit Court. This was an action of replevin brought by the appellant against the appellees, for certain wheat, then in cars at Indianapolis. Issues were formed, which were tried by the court. Finding and judgment for the defendants, for the return of the' wheat or the payment of the value, which was assessed at. twelve hundred and ninety-two dollars, and for one hundred and three dollars damages for the detention thereof.
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APPEAL from the Marion Civil Circuit Court. This was an action of replevin brought by the appellant against the appellees, for certain wheat, then in cars at Indianapolis. Issues were formed, which were tried by the court. Finding and judgment for the defendants, for the return of the' wheat or the payment of the value, which was assessed at. twelve hundred and ninety-two dollars, and for one hundred and three dollars damages for the detention thereof. A. motion for a new trial was overruled, and the appellant-excepted. The wheat was taken on the writ and delivered to the-appellant on the…
1Opinion of the CourtFrazer, J.
We are of opinion that the damages assessed! ’were not excessive.
The case made by the evidence, viewed in the most favoi’able light to sustain the verdict, as it is our duty to view it, was this: Luring the forenoon of August 29th, 1867, the plaintiff, Pattison, purchased, at Indianapolis, from H. W. Comstock & Co., forty-seven thousand pounds of wheat and paid for it, taking at the time fronu them a bill of lading for the property issued by the Indianapolis,. Cincinnati! *242and Lafayette R. R. Co. at Indianapolis, on that day, to H. W. Comstock & Co., on account of Pattison. The wheat was at…
2Cases cited2 opinions
- Dows v. GreeneNew York Supreme Court · 1860
- Lee v. KimballSupreme Judicial Court of Maine · 1858
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- Delta Bag Co. v. KearnsAppellate Court of Illinois · 1904
- Frontier National Bank v. SalingerIndiana Court of Appeals · 1920
- Koontz v. Wheeling & Lake Erie Railway Co.Lucas County Court of Common Pleas · 1897
- Sharp v. CampbellWest Virginia Supreme Court · 1921
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