N. Z. Graves Co. v. Smith
Superior Court of Delaware
Action of Replevin, No. 2, October Term, 1915. Action by N. Z. Graves Company against William S. Smith, bailiff of Harry Vane, landlord, who distrained upon certain goods consigned by the plaintiff to Charles Watson Dunham, a retail merchant and tenant of the distrainor. The goods taken under the distress were to be held by Dunham on consignment and to be sold by him for the account of the plaintiff.
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Action of Replevin, No. 2, October Term, 1915. Action by N. Z. Graves Company against William S. Smith, bailiff of Harry Vane, landlord, who distrained upon certain goods consigned by the plaintiff to Charles Watson Dunham, a retail merchant and tenant of the distrainor. The goods taken under the distress were to be held by Dunham on consignment and to be sold by him for the account of the plaintiff. The case was heard by the court on a case stated, the material facts of which and the questions of law raised appear in the opinion of the court. Judgment for plaintiff.
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
From the case stated and filed the material facts appear to be as follows:
*581On June 29, 1914, Charles Watson Dunham was a retail merchant in the Town of Dover, dealing in goods belonging to him, on his own account; and was also a retail dealer in goods which were consigned to him from time to time by the plaintiff under an agreement that they were to be held on consignment and to be sold for the account of the plaintiff, and account of sales to be rendered ninety days at prices stated on the memorandum sent at time of shipment.
Pursuant to the…
2Cases cited5 opinions
- Brown v. StackhouseSupreme Court of Pennsylvania · 1893
- Howe Sewing Machine Co. v. SloanSupreme Court of Pennsylvania · 1878
- McCreery v. ClafflinCourt of Appeals of Maryland · 1873
- Owen v. BoyleSupreme Judicial Court of Maine · 1842
- Dorsh v. LeaSuperior Court of Pennsylvania · 1901
3Cited by1 opinion
- In re Herholdt Poultry, Inc.District Court, D. Delaware · 1958