Walsh v. Blakely
Montana Supreme Court
Appeal from First District, Gallatin Oounty. The opinion states the facts. Stoppage in transitu is a legal right of vendor. Story on Sales, pp. 318, 326. Insolvency of vendee means only inability to pay. Parsons on Cont. vol. 1, chap. 6, pp. 595-6; 4 Cush. 134. It makes no difference if the sale was on credit. Story on Sales, p. 327. The goods were still in transit. Story on Sales, p. 342; 30'Pa.
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Appeal from First District, Gallatin Oounty. The opinion states the facts. Stoppage in transitu is a legal right of vendor. Story on Sales, pp. 318, 326. Insolvency of vendee means only inability to pay. Parsons on Cont. vol. 1, chap. 6, pp. 595-6; 4 Cush. 134. It makes no difference if the sale was on credit. Story on Sales, p. 327. The goods were still in transit. Story on Sales, p. 342; 30'Pa. St. 254; 23 Wend. 611; Smith’s Mere! Law, p. 6S2, sec. 3’; 7 Cal. 213; 37 id. 630; 23 Cal. 509; 12 Ohio St. 515.
1Opinion of the CourtWade, C. J.
Goods, consisting of whisky, brandy and gin, were sold on sixty days’ time by Walsh, the respondent, at St. Joseph, Missouri, to Edwin F. Potter, of Poney, Montana, and by Walsh shipped to that place as per bill of lading of April 7, .1883. When the goods arrived at Bozeman, Montana, they were attached by the sheriff of Gallatin county, at the suit of some third person, against Potter, and thereupon Walsh instituted this action to recover the possession of said goods.
There was a trial before the court sitting without a jury, añd findings of fact upon which a judgment was rendered in favor of…
2Cases cited2 opinions
- First National Bank v. McAndrewsMontana Supreme Court · 1885
- Wetzel v. PowerMontana Supreme Court · 1884
3Cited by3 opinions
- Mette & Kanne Distilling Co. v. LowreyMontana Supreme Court · 1909
- First National Bank v. McAndrewsMontana Supreme Court · 1887
- Herbert v. WintersMontana Supreme Court · 1895