McFetridge v. Piper
Supreme Court of Iowa
Appeal from Mitchell District Court. RepleviN for goods shipped by plaintiffs to one Lutz, at Osage, which were siezed upon an attachment by defendant, Piper, issued in an action by bis co-defendants. The goods were transported upon the Illinois Central Railroad, which is also made a defendant. The plaintiff claims the goods as the vendor thereof under the right of stoppage in transitu. The defendants claim as attaching creditors of the consignee of the goods.
Read the full summary
Appeal from Mitchell District Court. RepleviN for goods shipped by plaintiffs to one Lutz, at Osage, which were siezed upon an attachment by defendant, Piper, issued in an action by bis co-defendants. The goods were transported upon the Illinois Central Railroad, which is also made a defendant. The plaintiff claims the goods as the vendor thereof under the right of stoppage in transitu. The defendants claim as attaching creditors of the consignee of the goods. The plaintiffs demurred to the answer of defendants, setting up the claim under which they took and hold the goods. The demurrer was…
1Opinion of the CourtBeck, J.
The answer alleges that the goods were shipped to Lutz, at Osage, and when taken upon the writ under which defendants claim to hold them, were in the possession of the common carrier, the Illinois Oentral Railroad Company, which had received them for transportation, and they had reached the place of destination. The railroad company held the goods as a common carrier when they were seized. The first question presented is this: Does the vendor retain the right of stoppage in transitu, after goods have reached the place of destination, and before they have passed out of the possession of the…
2Cases cited2 opinions
- Alsberg, Jourdan & Co. v. LattaSupreme Court of Iowa · 1870
- O'Neil v. GarrettSupreme Court of Iowa · 1858
3Cited by4 opinions
- C.F. Sales, Inc. v. Amfert, Inc.Supreme Court of Iowa · 1983
- Clapp Bros. & Co. v. PeckSupreme Court of Iowa · 1880
- Greve & Co. v. DunhamSupreme Court of Iowa · 1882
- Scott Bros. v. William B. Grimes Dry-Goods Co.Missouri Court of Appeals · 1892