Wright v. Liberty Central Trust Co.

Hart, J.,

(after stating the facts). Counsel for the defendant assigns as error the action of the court in giving instruction No. 2, which is as follows:

“You are instructed that if the defendant, after receipt of the goods in question, if in fact he did receive them, kept t-he same, or attempted to dispose of them, then the defendant is liable on the contract, whether he authorized the delivery of the goods to him in the first instance or not.”

The instruction was erroneous, and necessarily prejudicial to the rights of the defendant. The instruction in express terms tells the jury that if the…