Distillery v. Stromberg-Mullins Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. B. MeCiernan, Judge. Action by the Old Kentucky Distillery against the StrombergMullins Company. Judgment for plaintiff and defendant appeals. Grant became the owner of the whisky when the respondent accepted his order and approved it. Then the general rule of determining when title to property passes should be applicable.
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Appeal from District Court, Silver Bow County; J. B. MeCiernan, Judge. Action by the Old Kentucky Distillery against the StrombergMullins Company. Judgment for plaintiff and defendant appeals. Grant became the owner of the whisky when the respondent accepted his order and approved it. Then the general rule of determining when title to property passes should be applicable. It is, that if a delivery of goods by a seller thereof to a common carrier for the transportation to the buyer fully performs the seller’s contract, and he retains no control over them, such a delivery is a delivery to the…
1Opinion of the CourtChief Justice Brantly
Action in claim and delivery brought by plaintiff to recover possession of five barrels of whisky of the alleged value of *289$465.11. At the close of the evidence the district court directed a verdict for the plaintiff. From the judgment entered thereon and from an order denying it a new trial, the defendant has appealed. The controversy' arose out of the following facts: The plaintiff’s place of business is at Louisville, Kentucky. On January 11, 1913, David Grant, who was then conducting business as a saloon-keeper at Dillon, Montana, ordered from the plaintiff, to be shipped to him at Dillon,…
2Cases cited11 opinions
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- Milwaukee Land Co. v. RuesinkMontana Supreme Court · 1915
- Stanford v. CoramMontana Supreme Court · 1902
- Cassidy v. Slemons & BoothMontana Supreme Court · 1910
- Willman Mercantile Co. v. FussyMontana Supreme Court · 1895
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3Cited by9 opinions
- Shaner v. West Coast Life Ins. Co.Court of Appeals for the Tenth Circuit · 1934
- Blackford v. Judith Basin CountyMontana Supreme Court · 1940
- Hill Cattle Corporation v. KillornMontana Supreme Court · 1927
- In re Stinger EstateMontana Supreme Court · 1921
- Davidson v. StaggMontana Supreme Court · 1933
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