Chase v. Washburn
Ohio Supreme Court
Error to the common pleas reserved in the district court of Huron county for decision by the supreme court. The original action was assumpsit, in which the plaintiff, Wash-burn, sought to recover the value of a quantity of wheat, which had been delivered by him to the defendants, Chase & Co., as ware-housemen, engaged in the produce business at the village of Milan, in said county.
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Error to the common pleas reserved in the district court of Huron county for decision by the supreme court. The original action was assumpsit, in which the plaintiff, Wash-burn, sought to recover the value of a quantity of wheat, which had been delivered by him to the defendants, Chase & Co., as ware-housemen, engaged in the produce business at the village of Milan, in said county. It appears from the bill of exceptions taken in the case, that on the trial of the cause in the common pleas, Washburn offered in evidence sundry warehouse receipts given *him by Chase & Co. for wheat delivered at…
1Opinion of the CourtBartley, J.
To determine which of the parties in this case shall sustain the loss of the property in question occasioned by the accident, it becomes necessary to ascertain the true nature and character of the transaction between them, and the rights created and duties imposed thereby. It was either a contract of sale, a mutuum, or a deposit. If a contract of sale, the right of property passed to the purchaser on delivery, and the article was thereafter held by him at his own risk. If a mutuum, the absolute property passed to the mutuary, it being a delivery to him for consumption or appropriation to his…
2Cases cited5 opinions
- Hurd v. WestNew York Supreme Court · 1827
- Smith v. ClarkNew York Supreme Court · 1839
- Buffum v. MerryU.S. Circuit Court for the District of Rhode Island · 1824
- Seymour v. BrownNew York Supreme Court · 1821
- Slaughter v. GreenSupreme Court of Virginia · 1821