Jeffris v. Fitchburg Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock, county: John R. Bennett, Circuit Judge. This was an action for the conversion of 18,679 feet of lumber sold and consigned by the plaintiff to the J. B. Dixon Lumber Company, of Boston, in December, 1890," and which arrived in Boston over the road of the defendant company, and was placed in its warehouse for delivery to the consignee.
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Appeal from a judgment of the circuit court for Rock, county: John R. Bennett, Circuit Judge. This was an action for the conversion of 18,679 feet of lumber sold and consigned by the plaintiff to the J. B. Dixon Lumber Company, of Boston, in December, 1890," and which arrived in Boston over the road of the defendant company, and was placed in its warehouse for delivery to the consignee. It further appeared at the trial before the court that the bill for the lumber, became due February 15, 1891, but the lumber had never been paid for; that a bill had been sent for collection in the spring of…
1Opinion of the CourtPutney, J.
1. It is insisted that the finding that the J. B. Dixon Lumber Company was insolvent was without any evidence to support it, and that therefore the claim of the *256plaintiff to exercise the right of stoppage in transitu of the lumber, December 21, 1891, was without any warrant or foundation. The sale of the lumber by the plaintiff to that company occurred in the early autumn of 1890, and the purchase price became due February 15, 1891. This was a just •and undisputed debt. Effort to collect it had proved unavailing, and the purchaser had wholly failed to respond to its obligation for a period of…
2Cases cited5 opinions
- Buckley v. FurnissNew York Supreme Court · 1837
- A. B. Symns & Co. v. Wm. Schotten & Co.Supreme Court of Kansas · 1886
- Sherman v. RugeeWisconsin Supreme Court · 1882
- Hoover v. TibbitsWisconsin Supreme Court · 1860
- Harding Paper Co. v. AllenWisconsin Supreme Court · 1886
3Cited by13 opinions
- Shaw v. GilbertWisconsin Supreme Court · 1901
- Coleman v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Pester Refining Co. v. MAPCO Gas Products, Inc. (In Re Pester Refining Co.)United States Bankruptcy Court, S.D. Iowa · 1986
- Brewer Lumber Co. v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1901
- In the Matter of Pester Refining Company, a Kansas Corporation, Debtor (Three Cases). Pester Refining Company, and the Continental Illinois National Bank and Trust Company of Chicago First Interstate Bank of Denver, N.A. And Bankers Trust Company, Intervenors Below v. Mapco Gas Products, Inc. And Mid-America Pipeline Company, Burke Energy Corporation, Unsecured Creditors Committee, Southern Union Refining Co., Inland Crude Purchasing Corp., Pester Refining Company, and the Continental Illinois National Bank and Trust Company of Chicago First Interstate Bank of Denver, N.A. And Bankers Trust Company, Intervenors Below v. Mapco Gas Products, Inc., and Mid-America Pipeline Company, and Burke Energy Corporation, Unsecured Creditors Committee, Southern Union Refining Co., Inland Crude Purchasing Corp., Pester Refining Company, and the Continental Illinois National Bank and Trust Company of Chicago First Interstate Bank of Denver, N.A. And Bankers Trust Company, Intervenors Below v. Mapco Gas Products, Inc. And Mid-America Pipeline Company, and Burke Energy Corporation, Unsecured Creditors Committee, Southern Union Refining Co., Inland Crude Purchasing Corp.Court of Appeals for the First Circuit · 1988
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