O'Neal v. Day
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. J. T. Nevell, Special Judge. When goods are consigned and shipped by the vendor to the vendee, his right of stoppage in transitu ceases when they have passed into the actual or constructive possession of the buyer or his agent. 5 Wait’s Actions & Defenses, pp. 615, 621; 1 Jones on Liens, sec. 938; Stevens v. Wheeler, 27 Barb. 658; Millard v. Webster, 8 Átl.
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Appeal from the Greene Circuit Court. — Hon. J. T. Nevell, Special Judge. When goods are consigned and shipped by the vendor to the vendee, his right of stoppage in transitu ceases when they have passed into the actual or constructive possession of the buyer or his agent. 5 Wait’s Actions & Defenses, pp. 615, 621; 1 Jones on Liens, sec. 938; Stevens v. Wheeler, 27 Barb. 658; Millard v. Webster, 8 Átl. Rep. 470. There is no evidence in this case that M. M. Johnson was a forwarding agent or a carrier. He was not the agent of the railroad company, had no connection with it, but received the…
1Opinion of the CourtRombauer, P. J.
— The defendant sheriff seized the goods in controversy by virtue of a writ of attachment, issued against the property of ' the Springfield Dry-*142Goods & Clothing Company, at the instance of one of its creditors. The plaintiffs thereupon replevied the goods from the sheriff,' claiming that they sold the goods to the attachment defendant on credit in New York City, to be delivered at Springfield, Missouri’; that' the transit of the goods had not -terminated when they were attached, and that they exercised their right of stoppage in trcmsitu by taking them from the sheriff on the writ of…
2Cases cited2 opinions
- White v. MitchellMichigan Supreme Court · 1878
- Macon & Western Railroad v. Meador Bros.Supreme Court of Georgia · 1880
3Cited by1 opinion
- Shoninger v. DayMissouri Court of Appeals · 1895