Sutro v. Hoile
Nebraska Supreme Court
This was a petition in error, filed to review a judgment of the District Court for Douglas County. The facts are fully stated in the opinion. I. There was such a delivery of the goods as defeated the right of stoppage in transitu of Sutro & New-mark.' Biggs'et al. v. Barry et al., 2 Curtis, 259. The stoppage must be while in transitu, and before goods delivered at destination.
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This was a petition in error, filed to review a judgment of the District Court for Douglas County. The facts are fully stated in the opinion. I. There was such a delivery of the goods as defeated the right of stoppage in transitu of Sutro & New-mark.' Biggs'et al. v. Barry et al., 2 Curtis, 259. The stoppage must be while in transitu, and before goods delivered at destination. Congers v. Emis, 2 Mason, C. C. R., 236; Opinion by Judge Story, 2 Kent, pp. 539 and 544, 545 ; Dixon v. Baldwin, 5 East's R., 175; 4 Esp. R., 82; Barret Gfoddard, 3 Mason C. C., 107, where goods even remained in hands…
1Opinion of the CourtCkounse, J.
This is a case of replevin tried in the District Court for Douglas County. The trial was had before the court without a jury; and judgment given for the plaintiffs there, Sutro & Newmark. These facts appear: On the 18th of February, 1870, Bemis & Abbott of Omaha, through a travelling agent of Sutro & Newmark doing business in New York, ordered from the latter a quantity of cigars at a price agreed upon, and for which they were to give their note payable in four months. Before the arrival of the cigars, and on the 14th of March, Bemis & Abbott filed with the register in bankruptcy their…
2Cases cited3 opinions
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
- Harris v. . PrattNew York Court of Appeals · 1858
- Chapman v. LathropNew York Supreme Court · 1826
3Cited by7 opinions
- In Re the Estate of McGrawNew York Court of Appeals · 1888
- Northup v. BathrickNebraska Supreme Court · 1907
- Fuller v. Brownell & Co.Nebraska Supreme Court · 1896
- Chicago, Burlington & Quincy Railroad v. J. Painter & SonsNebraska Supreme Court · 1884
- Kingsley v. McGrewNebraska Supreme Court · 1896
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