A. Fenkhausen & Co. v. Fellows
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Humboldt County. A. L. Fitzgerald, District Judge. I. With reference to the evidence it may be that plaintiffs cannot contradict their own witness; but they can show what the facts really were. (Coulter v. American etc. Ex. Go., 56 N. Y. 585; Sewell v. Gardner, 48 Md. 178; Dowdell v. Wilcox, 58 la. 199; Smith v. Ehanert, 43 Wis. 181; Pennsylvania li. B. Go. v. Eorlney, 90 Penn. St. 323.) II.
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Appeal from the District Court of the State of Nevada, Humboldt County. A. L. Fitzgerald, District Judge. I. With reference to the evidence it may be that plaintiffs cannot contradict their own witness; but they can show what the facts really were. (Coulter v. American etc. Ex. Go., 56 N. Y. 585; Sewell v. Gardner, 48 Md. 178; Dowdell v. Wilcox, 58 la. 199; Smith v. Ehanert, 43 Wis. 181; Pennsylvania li. B. Go. v. Eorlney, 90 Penn. St. 323.) II. This action was to enforce plaintiff’s vendor lien, not to rescind the contract of sale. The basis on which the right of stoppage in transitu rests,…
1Opinion of the Court
By the Court,
Murphy, J.
This is an action for claim and delivery of personal property, tried in the district court of Humboldt county. The trial was had before the court without a jury, and judgment given for the defendant. The following facts appear from the evidence: “ On the twenty-fourth of October, 1887, one William Twist, of Paradise valley, Humboldt county, in this state, through a traveling agent of the plaintiffs, ordered from them goods and merchandise of the value of three hundred and thirty-two dollars and seventy-five cents. On the twenty ninth day of October, 1887, the goods were…
2Cases cited6 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Chandler v. FultonTexas Supreme Court · 1853
- O'brien v. Norris, Caldwell & Co.Court of Appeals of Maryland · 1860
- I. Blum & Co. v. MarksSupreme Court of Louisiana · 1869
- Chicago, Burlington & Quincy Railroad v. J. Painter & SonsNebraska Supreme Court · 1884
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3Cited by1 opinion
- Susznik v. Alger Logging Co.Oregon Supreme Court · 1915