A. B. Symns & Co. v. Wm. Schotten & Co.
Supreme Court of Kansas
Error from Lyon District Court. Action begun by A. B. Symns & Go. to recover from the Emporia Mercantile Association $185.05, for merchandise sold and delivered to the defendant. At the same time the plaintiff caused an attachment to be issued and levied upon certain goods which were found in the possession of the A. T. & S. F. Rid. Co., and which had been shipped to the defendant over its road. Afterward, Wm.
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Error from Lyon District Court. Action begun by A. B. Symns & Go. to recover from the Emporia Mercantile Association $185.05, for merchandise sold and delivered to the defendant. At the same time the plaintiff caused an attachment to be issued and levied upon certain goods which were found in the possession of the A. T. & S. F. Rid. Co., and which had been shipped to the defendant over its road. Afterward, Wm. Schotten & Co. intervened in the action, claiming that the attached goods were purchased from them by the Emporia Mercantile Association on credit, and that after they were shipped and…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
i. stoppage in transitu. *3142 implication-goods m transit, *313The only question to be decided in this case is, whether Win. Schotten & Co., who interpleaded in the action, had a right, under the facts, to reclaim the goods which they had sold to the Emporia Mercantile Association. It is agreed that the goods were sold on credit, and that after the sale and before their arrival at the point of destination the consignee became insolvent. The right of the vendors to repossess themselves of the goods at any time while they were on the road and prior…
2Cases cited8 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Harris v. . PrattNew York Court of Appeals · 1858
- Brother & Brother v. Peters & BrotherSupreme Court of Alabama · 1879
- Rucker v. FeiferlichSupreme Court of Kansas · 1874
- Newhall v. VargasSupreme Judicial Court of Maine · 1836
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brewer Lumber Co. v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1901
- Jeffris v. Fitchburg RailroadWisconsin Supreme Court · 1896
- Norfolk Hardwood Co. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- C. C. C. & St. L. Ry Co. v. M. Degaro Co.Ohio Court of Appeals · 1930