Legal Opinion

Butterfield & Co. v. Stephens

Supreme Court of Iowa

Decided October 20, 1882PublishedCited by 2 opinions

Appeal from Story Circuit Cowrt. The plaintiffs are commission merchants, residing in Boston, Mass., and the defendants are dealers in butter, at Nevada, Iowa. In 1877 and 1878 the latter shipped to the former several consignments of butter to be sold on the market. The plaintiffs claim the defendants are indebted to them for advances, interest, and storage of the butter, to recover which this action was brought.

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Appeal from Story Circuit Cowrt. The plaintiffs are commission merchants, residing in Boston, Mass., and the defendants are dealers in butter, at Nevada, Iowa. In 1877 and 1878 the latter shipped to the former several consignments of butter to be sold on the market. The plaintiffs claim the defendants are indebted to them for advances, interest, and storage of the butter, to recover which this action was brought. The defendants pleaded a counterclaim, and sought to recover thereon, on the ground the' plaintiffs had negligently, and in disregard of orders given them, failed to sell the butter…

1Opinion of the Court

Seevers, Oh. J.

There was evidence tending to show the plaintiffs made advances on each consignment of the butter shipped to them by the defendants. They, therefore, had a special property in the butter to the extent of the money advanced.

The court instructed the jury as follows:

“ 8. If the defendants at the time of the shipments or consignments of the butter directed its immediate sale, or if the usages of trade required the plaintiffs to make immediate sales upon arrival, and they (the plaintiffs) in disregard of the directions or the usages of trade, failed or neglected to make sales, if…

2Cases cited3 opinions

  1. William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
  2. Feild v. FarringtonSupreme Court of the United States · 1870
  3. Weed v. AdamsSupreme Court of Connecticut · 1870

3Cited by2 opinions

  1. United States v. TrabingWyoming Supreme Court · 1885
  2. M. M. Walker Co. v. Dubuque Fruit & Produce Co.Supreme Court of Iowa · 1901

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