Ralph v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. This action was brought to recover tbe value of a quantity of rope which tbe plaintiff alleges he delivered to the defendant for shipment to Chicago. The answer is a general denial. The justice rendered judgment for the plaintiff for the value of the rope, and the defendant appealed to the circuit court.
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APPEAL from tbe Circuit Court for Jefferson County. This action was brought to recover tbe value of a quantity of rope which tbe plaintiff alleges he delivered to the defendant for shipment to Chicago. The answer is a general denial. The justice rendered judgment for the plaintiff for the value of the rope, and the defendant appealed to the circuit court. The action was tried by the latter court, without a jury, upon the testimony taken before the justice and returned by him. The circuit court found, among other things, that the plaintiff did not deliver the rope to the defendant, and gave…
1Opinion of the CourtLyon, J.
I. Even though it be conceded that the plaintiff was not the owner of the rope in question at the time of the alleged delivery thereof to the defendant, still we think that, under the circumstances of the case, when the plaintiff paid for the rope he became the owner thereof, and of the alleged cause of action for the loss of it. Had the action been brought by the vendors, the Chicago firm, after such payment was made, proof of the payment would doubtless defeat such action. If the plaintiff cannot recover in this action, then no person can recover for the loss of the rope.
IL As to the…
2Cited by19 opinions
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Pennoyer v. AllenWisconsin Supreme Court · 1883
- Mustas v. INLAND CONSTRUCTION, INC.Wisconsin Supreme Court · 1963
- Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
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