Carlisle v. Wallace

Wallace sued Carlisle for the value of wheat, which he had deposited in store with Carlisle, who was a miller. The plaintiff declared in assumpsit and trover, and in his reply he set up a claim for the destruction of the wheat by fire, by the carelessness of Carlisle. The Court overruled a demurrer to the complaint, for a misjoinder of causes of action, and held, also, that the reply was in conformity with the statute. The defendant, in his answer, set up a usage of trade, that when wheat was placed in store with a miller, without any further agreement, it remained at the risk of the…