More, Reynolds & Co. v. Lott
Nevada Supreme Court
Appeal from the District Court of the Eighth Judicial' District, Esmeralda County. The facts are stated in the opinion. I. The right of stoppage in transitu is an equitable privilege not provided for by our statutes. (Hilliard on Sales, .248, sec. 3.) It only accrues under extraordinary circumstances. (Parsons on Cont. [6 ed.] 395 et seq.; Hilliard on Sales [3 ed.], 279 et seq.) The complaint in this case fails to show the existence of such circumstances.
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Appeal from the District Court of the Eighth Judicial' District, Esmeralda County. The facts are stated in the opinion. I. The right of stoppage in transitu is an equitable privilege not provided for by our statutes. (Hilliard on Sales, .248, sec. 3.) It only accrues under extraordinary circumstances. (Parsons on Cont. [6 ed.] 395 et seq.; Hilliard on Sales [3 ed.], 279 et seq.) The complaint in this case fails to show the existence of such circumstances. The authorities are clear and uniform as to what state of circumstances must exist to give a vendor the right of stoppage in transitu.…
1Opinion of the Court
By the Court,
Leonard, J. :
It is alleged in the complaint herein that on the seventeenth day of May, 1877, plaintiffs were the owners and entitled to the possession of certain personal property described; that on or about May 12, in Esmeralda county, defendant wrongfully and unlawfully took said property from the possession of plaintiffs, and still unlawfully withholds the same; that on the twenty-fifth day of May, and before the commencement of this action, plaintiffs demanded possession thereof, which was refused, and that said property was of the value of five hundred and forty-four dollars…
2Cases cited12 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Chandler v. FultonTexas Supreme Court · 1853
- Lovell v. FrostCalifornia Supreme Court · 1872
- City of Oakland v. WhippleCalifornia Supreme Court · 1870
- O'brien v. Norris, Caldwell & Co.Court of Appeals of Maryland · 1860
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3Cited by13 opinions
- Moore v. Rochester Weaver Mining Co.Nevada Supreme Court · 1918
- Davis v. Gossett & SonsCourt of Appeals of Georgia · 1923
- Rosina v. TrowbridgeNevada Supreme Court · 1888
- Langworthy v. ColemanNevada Supreme Court · 1884
- Sadler v. ImmelNevada Supreme Court · 1880
8 more not listed; retrieve them via the Exa API.