Shellenberg v. Fremont, Elkhorn & Missouri Valley Railroad
Nebraska Supreme Court
Error from the district court of Madison county. Tried below before Allen, J. See opinion for statement of the case. The plaintiff in error claims the title to the potatoes never passed from him, and that the delivery was inadvertent on his part, made with the expectation that payment would be made in cash on delivery; that when a sale as made for cash the delivery and payment of the consideration are both necessary to pass title.
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Error from the district court of Madison county. Tried below before Allen, J. See opinion for statement of the case. The plaintiff in error claims the title to the potatoes never passed from him, and that the delivery was inadvertent on his part, made with the expectation that payment would be made in cash on delivery; that when a sale as made for cash the delivery and payment of the consideration are both necessary to pass title. When goods are sold for cash, payment is a condition precedent to the passing of title, unless payment is waived, and this is true whether there was fraud in…
1Opinion of the CourtPost, J.
This was an action in the district court for Madison county by the plaintiff in error to recover from the defendant in error for the conversion of a car load of potatoes. On the conclusion of the plaintiff’s case the district court directed a verdict for the defendant, to which exception was taken, and judgment having been entered thereon, the cause has been removed into this court for review by means of a petition in error.
It is shown by the evidence in the bill of exceptions that about October 9, 1890, the plaintiff agreed to sell to one Day a ear load of potatoes, to be delivered at…
2Cases cited5 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Wolfe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Western Transportation Co. v. . BarberNew York Court of Appeals · 1874
- Wells v. American Express Co.Wisconsin Supreme Court · 1882
- American Express Co. v. GreenhalghIllinois Supreme Court · 1875
3Cited by17 opinions
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
- Union Pacific Railway Co. v. Metcalf & WoodNebraska Supreme Court · 1897
- Union Stock Yards Co. v. WestcottNebraska Supreme Court · 1896
- Banik v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1920
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