Leonard v. Dunton

This was an action of assumpsit, in the Boone circuit court, brought by William S. and George B. Dunton, for the use of William Waterman, against Marcellus G. Leonard, on a warehouse receipt for wheat delivered the defendant, a warehouseman, by the plaintiffs on the 18th of May, 1861, and subject to their order.

The general issue was pleaded, and the jury found for the plaintiff, on which the court rendered a judgment. To reverse this judgment, defendant appeals.

The substantial question in the case, as appellant insists, is, was he bound to deliver the wheat without a tender or offer to pay…