Northern Grain Co. v. . Wiffler
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 22, 1915, in favor of defendants, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. •The nature of the controversy and the facts, so far as material, are stated in the opinion. The. proceeds of the oats were in transit at the time they were stopped because Wiffler had rejected them.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 22, 1915, in favor of defendants, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. •The nature of the controversy and the facts, so far as material, are stated in the opinion. The. proceeds of the oats were in transit at the time they were stopped because Wiffler had rejected them. (L. 1909, ch. 45, § 139.) The proceeds of the oats were in transit at the time they were stopped because the railroad company had not acknowledged to…
1Opinion of the Court
Hiscock, Ch. J.
This appeal involves a consideration of the right of stoppage in transitu of goods sold on credit and shipped by a common carrier. The question of the existence of the right is to be determined upon an agreed statement of facts.
Plaintiff sold to one Wiffler on credit a carload of oats which were shipped to the latter over the line of the defendant railroad company. A bill of lading covering the shipment was forwarded with a draft for the purchase price of the oats and upon acceptance by the vendee of the draft the bill of lading was delivered to him. He presented the same at…
2Cases cited5 opinions
- Coleman v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Brewer Lumber Co. v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1901
- Babcock v. . BonnellNew York Court of Appeals · 1880
- Bigelow v. HeatonNew York Supreme Court · 1847
- Pennsylvania Steel Co. v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1894
3Cited by2 opinions
- In Re Murdock MacHine and Engineering Co. Of Utah, Bankrupt. Ramco Steel, Inc. v. Lindsey Kesler, Trustee, and United States of AmericaCourt of Appeals for the Tenth Circuit · 1980
- Cashmere Fruit Growers Union v. Great Northern Railway Co.Washington Supreme Court · 1928