Legal Opinion

State Bank v. Waterhouse

Supreme Court of Connecticut

Decided November 30, 1897PublishedCited by 4 opinions

Action of replevin to recover twenty barrels of whiskey, brought to the Superior Court in New Haven County and tried to the court, Thayer J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.

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Action of replevin to recover twenty barrels of whiskey, brought to the Superior Court in New Haven County and tried to the court, Thayer J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The finding of facts is as follows: “ 2. On August 23d, 1894, the United Growers Company, a corporation organized and existing under the laws of the State of New York, and located and doing business hi the city of New York, sold to one J. Librovicz, of said city and State of New York, the twenty barrels of whiskey described in…

1Opinion of the CourtAndrews, C. J.

The plaintiff being the indorsee and holder of the warehouse receipts was the owner of the goods described therein. Such a receipt is regarded as representing the goods described in it; and an assignment of the receipt by an indorsement of it is, in the eye of the law, considered as equivalent to a delivery of the property itself. These receipts transferred to the plaintiff the legal title to the property and its constructive possession; and the defendant, as the warehouseman, from the time the plaintiff received the receipts, became its bailee and held the property for it. The delivery to it…

2Cases cited5 opinions

  1. Gibson v. StevensSupreme Court of the United States · 1850
  2. Burton v. CuryeaIllinois Supreme Court · 1866
  3. First National Bank of Chicago v. DeanNew York Court of Appeals · 1893
  4. Van Santen v. . Standard Oil CompanyNew York Court of Appeals · 1880
  5. Fourth National Bank v. St. Louis Cotton Compress Co.Missouri Court of Appeals · 1882

3Cited by4 opinions

  1. Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
  2. Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
  3. Orange Rice Milling Co. v. Hope Rice MillLouisiana Court of Appeal · 1966
  4. McKesson & Robbins, Inc. v. WalshSupreme Court of Connecticut · 1945

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