Clapp Bros. & Co. v. Peck
Supreme Court of Iowa
Appeal from, Bremer District Court. The intervenor, the Mason & ITamlin Organ Co., doing business at Chicago, Illinois, sold on credit and shipped to the defendant Peck, at Waverly, Iowa, two organs. The shipment was made by the Illinois Central Railroad.
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Appeal from, Bremer District Court. The intervenor, the Mason & ITamlin Organ Co., doing business at Chicago, Illinois, sold on credit and shipped to the defendant Peck, at Waverly, Iowa, two organs. The shipment was made by the Illinois Central Railroad. The organs arrived at Waverly in the latter part of December, 1879. They were unloaded from the car in which they were shipped, and stored in the depot of said railroad company at Waverly, where they remained, tbe freight thereon being unpaid. Tbe defendant Feck was forced into a suspension of business by reason of insolvency, about January…
1Opinion of the CourtRothrock, J.
1. stoppage delivery: carrier. I. In Cox v. Burns & Rentgen, 1 Iowa, 64, it was determined that an unpaid vendor had the right to reclaim goods while in transit, and that the right continued until there was an actual or constructive delivery of the possession to the vendee. In McFetredge, Burchard & Co. v. Piper, 40 Iowa, 627, it was held that if, after the arrival of the goods at the place of destination, they are stored in a warehouse hy the carrier, as agent of the consignee, the vendor’s right of stoppage in transitu is terminated.
The material question in this case is whether they were…
2Cases cited3 opinions
- Thorn v. MooreSupreme Court of Iowa · 1866
- Cox v. BurnsSupreme Court of Iowa · 1855
- McFetridge v. PiperSupreme Court of Iowa · 1875
3Cited by10 opinions
- Hall v. Incorporated TownSupreme Court of Iowa · 1896
- Stearns v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Hall v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1892
- Vondrashek v. DignanSupreme Court of Minnesota · 1937
- Johnson v. WarringtonSupreme Court of Iowa · 1932
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