Barnes Bros. v. McCrea & Co.
Supreme Court of Iowa
Appeal from Boone District Court. — Hoe. L. Gr. Kieee, Judge. Oe the eigh fceenth day of February, 1887, the plaintiffs commenced hauling oats to the elevator of F. C. Huntley, in Ogden, and on the third day of the next March completed the delivery thereat of about fifteen hundred and eighty-six bushels. On the twenty-fourth day of June, 1887, Huntley failed, and defendants took possession of all the oats in his elevator, amounting to about two thousand bushels.
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Appeal from Boone District Court. — Hoe. L. Gr. Kieee, Judge. Oe the eigh fceenth day of February, 1887, the plaintiffs commenced hauling oats to the elevator of F. C. Huntley, in Ogden, and on the third day of the next March completed the delivery thereat of about fifteen hundred and eighty-six bushels. On the twenty-fourth day of June, 1887, Huntley failed, and defendants took possession of all the oats in his elevator, amounting to about two thousand bushels. Possession was so taken under a chattel mortgage executed by Huntley on the second day of October, 1886. The plaintiffs allege that…
1Opinion of the CourtRobinson, J.
— The motion to instruct the jury for the defendants was based upon the grounds that the agreement between plaintiffs and Huntley, under which the oats were delivered in the elevator, was in legal effect a sale, and not a bailment, and that none of the oats so delivered by plaintiffs were among those taken by defendants. The evidence shows that at the time in question Huntley was engaged in the business of buying, shipping and selling grain for himself, and in storing grain in his elevator for others. This elevator contained fifteen bins, in which grain he purchased and grain stored was…
2Cases cited6 opinions
- Hurd v. WestNew York Supreme Court · 1827
- Sexton v. GrahamSupreme Court of Iowa · 1880
- Johnston v. BrowneSupreme Court of Iowa · 1873
- Seymour v. BrownNew York Supreme Court · 1821
- Rahilly v. WilsonU.S. Circuit Court for the District of Minnesota · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Finch v. McClellanIndiana Court of Appeals · 1921
- Rotterman v. General Mills, Inc.Supreme Court of Iowa · 1953
- Morse v. La Crosse Milling, Grain, & Ice Co.Supreme Court of Kansas · 1924
- Burke v. Boulder Milling & Elevator Co.Supreme Court of Colorado · 1925
5 more not listed; retrieve them via the Exa API.