Stein v. Rheinstrom
Supreme Court of Minnesota
Action brought in ítie district court for Hennepin county, by plain-, tiff as purchaser and assignee of certain warehouse receipts issued by defendants at Cincinnati, Ohio, to recover $455.73 damages for defendants’ refusal to deliver the whiskey described in the receipts, on demand by plaintiff and tender of the receipts, taxes and charges.
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Action brought in ítie district court for Hennepin county, by plain-, tiff as purchaser and assignee of certain warehouse receipts issued by defendants at Cincinnati, Ohio, to recover $455.73 damages for defendants’ refusal to deliver the whiskey described in the receipts, on demand by plaintiff and tender of the receipts, taxes and charges. The complaint sets forth the' receipts issued, which were in the following form, viz.: National Distilling Company, Office, 62 East Third Street. No. 11926. Warehouse No.-- , Cincinnati, O., April 5, 1889. Received, In the Bonded Warehouse No. 363, Fifth…
1Opinion of the CourtCollins, J.
It seems to be conceded by the counsel for both parties that warehouse receipts of the character of those herein involved are negotiable instruments, and that such interest or title as the holder thereof may have in the merchandise therein mentioned will pass to a purchaser upon the indorsement and delivery of the receipts. But, for the purposes of this action, assuming this, we are at a loss to discover why we should construe the clause, common to •each receipt, whereby the warehousemen stipulated “to deliver the same upon payment of the whiskey, the U. S. government and state tax, interest,…
2Cases cited3 opinions
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Carroll v. Minnesota Valley RailroadSupreme Court of Minnesota · 1869
- Hall v. HaleSupreme Court of Connecticut · 1831
3Cited by4 opinions
- Pennington County Bank v. First State BankSupreme Court of Minnesota · 1910
- Security Bank of Minnesota v. Minneapolis Cold Storage Co.Supreme Court of Minnesota · 1893
- Keisel v. BaldockSupreme Court of Oklahoma · 1915
- Commercial Bank v. MaguireSupreme Court of Minnesota · 1903