Legal Opinion

Grimes v. Cannell

Nebraska Supreme Court

Decided January 15, 1888PublishedCited by 8 opinions

Error to the district court for Johnson county. Tried below before Broady, J. Deposit of corn constituted sale and not bailment. Benj. on Sales, 5. Chase v. Washburn, 1 Ohio State, 247. MeConnell v. Hughes, 29 Wis., 537. Johnston v. Brown, 37 Iowa, 200. Hart v. Ten Fyek, 2 Johns. Ch., 108. Adams v. Wildes, 107 Mass., 123. Replevin does not lie. Wood v. Fales, 24 Penn.

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Error to the district court for Johnson county. Tried below before Broady, J. Deposit of corn constituted sale and not bailment. Benj. on Sales, 5. Chase v. Washburn, 1 Ohio State, 247. MeConnell v. Hughes, 29 Wis., 537. Johnston v. Brown, 37 Iowa, 200. Hart v. Ten Fyek, 2 Johns. Ch., 108. Adams v. Wildes, 107 Mass., 123. Replevin does not lie. Wood v. Fales, 24 Penn. State, 246. Schindler v. Westover, 99 Ind., •395. Wells’ Replevin, Sec. 312-316. Young v. Miles, 20 Wis., 615. Sexton v. Graham, 53 Iowa, 188. Ryder v. Hathaway, 21 Pick., 305. Chapman v. Shepard, 39 Conn., 413. Cushing v.…

1Opinion of the CourtMaxwell, J.

This is an action in replevin brought in the district court of Johnson county by J. D. Cannell against William Grimes to recover the possession of 3,083 bushels of corn, which it is claimed had been deposited with McClure & Griffin at Crab Orchard, in Johnson county. Grimes was in possession of said corn, claiming as agent of Rosenbaum Bros., mortgagees, under a chattel mortgage given to them by McClure & Griffin. It is alleged in the petition that of the above amount the plaintiff deposited 417 bushels, one J. A. Vanosdal 649 bushels and twenty .pounds, A. M. Williamson 1,927 bushels, and F.…

2Cases cited5 opinions

  1. Kimberly v. . PatchinNew York Court of Appeals · 1859
  2. Kaufmann v. SchillingSupreme Court of Missouri · 1874
  3. Young v. MilesWisconsin Supreme Court · 1866
  4. Hoagland v. Van EttenNebraska Supreme Court · 1888
  5. Read v. MiddletonSupreme Court of Iowa · 1883

3Cited by8 opinions

  1. Stinchcomb v. PattesonSupreme Court of Oklahoma · 1917
  2. Gerner v. ChurchNebraska Supreme Court · 1895
  3. Jackson v. McGilbraySupreme Court of Oklahoma · 1915
  4. Fines v. BolinNebraska Supreme Court · 1893
  5. Ramsey v. RadenburgSupreme Court of Colorado · 1923

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