Sawyer v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action for damages for the conversion by defendant of one hufldred barrels of flour, alleged to bave been delivered to it for shipment, subject to plaintiff’s order, and to bave been by it, wrongfully and without authority, delivered to one Tilton, who bad caused it to be transported out of the state, and converted it to bis own use. Demand made of defendant for the flour or payment therefor, and refusal, are alleged.
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APPEAL from the County Court of Milwaukee County. Action for damages for the conversion by defendant of one hufldred barrels of flour, alleged to bave been delivered to it for shipment, subject to plaintiff’s order, and to bave been by it, wrongfully and without authority, delivered to one Tilton, who bad caused it to be transported out of the state, and converted it to bis own use. Demand made of defendant for the flour or payment therefor, and refusal, are alleged. Answer, in denial. Plaintiff, a mill-owner in Milwaukee, sold Tilton (by oral contract) 300 barrels of flour at eight dollars…
1Opinion of the CourtDixon, C. J.
Mr. "Watson, the receiving and shipping clerk of the defendant, the railway company, knew that the flour belonged to the plaintiff. He knew it because he knew it came from the plaintiff’s mill, and that the teamster who hauled it was the same who had previously hauled flour for the plaintiff. He himself testified to these facts. He also testified that his only authority for delivering the bill of lading to Mr. Tilton was, that the teamster “ said that the flour was for Mr. Tilton.” This was clearly no authority for delivering the flour to Mr. Tilton; and. such delivery was a conversion by the…
2Cases cited3 opinions
- Johnston v. JonesSupreme Court of the United States · 1862
- Augustus v. SeaboltCourt of Appeals of Kentucky · 1860
- Ramsay v. GlassCourt of Appeals of Maryland · 1850
3Cited by9 opinions
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
- Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
- Hoffman v. KingWisconsin Supreme Court · 1888
- Pluto Powder Co. v. Cuba City State BankWisconsin Supreme Court · 1913
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