Mette & Kanne Distilling Co. v. Lowrey
Montana Supreme Court
Appeal from, District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the Mette & Kanne Distilling Company against Thomas M. Lowrey and another. From a judgment for defendants, plaintiff appeals. The delivery of goods to a common carrier for transportation passes the title in the property to the consignee, and any subsequent change in the quality of said goods which entails damage or loss must be borne by the consignee.
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Appeal from, District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the Mette & Kanne Distilling Company against Thomas M. Lowrey and another. From a judgment for defendants, plaintiff appeals. The delivery of goods to a common carrier for transportation passes the title in the property to the consignee, and any subsequent change in the quality of said goods which entails damage or loss must be borne by the consignee. (22 Cyc. 1631; United States v. Orene Parker Co., 121 Fed. 596; United States v. Adams Express Co., 119 Fed. 240; 1 Meehem on Sales, 739; Brockway v. Maloney,…
1Opinion of the CourtChief Justice Brantly
This action originated in a justice’s court of Silver Bow county, and was brought to recover from King & Lowrey, copartners, $182.18, balance alleged to be due on account. The complaint alleges: That the plaintiff, at Butte, Montana, on the-day of October, 1905, sold to defendants, and thereafter delivered to, them, at their request, f. o. b. St. Louis, Mo., two barrels of Meadeville rye whisky, one barrel of California sherry, and one barrel of port wine'; that defendants agreed to pay for the same the sum of $258.31 on or about January 9, 1906, but that they have not paid any part of said…
2Cases cited13 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Pope v. AllisSupreme Court of the United States · 1885
- Krulder v. . EllisonNew York Court of Appeals · 1871
- Reynolds v. FitzpatrickMontana Supreme Court · 1903
- Sarbecker v. StateWisconsin Supreme Court · 1886
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3Cited by9 opinions
- Richardson v. Farmers Union Oil CompanyMontana Supreme Court · 1957
- Mitchell v. Garfield CountyMontana Supreme Court · 1949
- Trogdon v. Hanson Sheep Co.Montana Supreme Court · 1914
- Previsich v. Butte Electric Railway Co.Montana Supreme Court · 1913
- Distillery v. Stromberg-Mullins Co.Montana Supreme Court · 1917
4 more not listed; retrieve them via the Exa API.