Dows v. National Exchange Bank of Milwaukee
Supreme Court of the United States
Error to tbe Circuit Court of tbe United -States for tbe Southern District of New York. This is an action of' trover, instituted by thé National .Exchange Bank of Milwaukee to'recover damages for tbe alleged conversion, by tbe plaintiffs in error, of 22,341. bushels of wheat, which the National Exchange Bank of Milwaukee claimed as its property.
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Error to tbe Circuit Court of tbe United -States for tbe Southern District of New York. This is an action of' trover, instituted by thé National .Exchange Bank of Milwaukee to'recover damages for tbe alleged conversion, by tbe plaintiffs in error, of 22,341. bushels of wheat, which the National Exchange Bank of Milwaukee claimed as its property. The wheat was purchased in Milwaukee, Wis., by McLaren & Co., in. the month,of September, 1869, Upon orders received from- Smith & Co. of Oswego, N.Y., who were in need of it for immediate use, and requested that the drafts on account thereof be drawn…
1Opinion of the CourtJustice Strong
The verdict of the jury having established that the wheat came to the possession of the defendants below (now plaintiffs in error), and that there was a conversion, there is really no controversy respecting any other fact in this case than whether the ownership of the plaintiffs had been divested before the conversion. The.evidence bearing upon the transmission of the title was contained mainly in written instruments, the legal effect of which was for the court; and, so far as there was evidence outside of these instruments, it w'as either uncontradicted, or it had no bearing upon the…
2Cases cited2 opinions
- Newcomb v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
- Rand v. SangerMassachusetts Supreme Judicial Court · 1874
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- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1948
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Velie Motor Car Co. v. Kopmeier Motor Car Co.Court of Appeals for the Seventh Circuit · 1912
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