Hoover v. Tibbits
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. This was an action to recover possession of six casks of zinc paint from tbe defendants, wbo were warehousemen in tbe city of Milwaukee. About tbe middle of July, 1859, one Enoch Haskin, then a merchant in tbe city of Milwaukee, purchased tbe paint of Manning & Squier in tbe city of New York, on six months’ credit.
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APPEAL from tbe Circuit Court for Milwaukee County. This was an action to recover possession of six casks of zinc paint from tbe defendants, wbo were warehousemen in tbe city of Milwaukee. About tbe middle of July, 1859, one Enoch Haskin, then a merchant in tbe city of Milwaukee, purchased tbe paint of Manning & Squier in tbe city of New York, on six months’ credit. Manning & Squier shipped the paint by Poag, Parmer & Co.’s Express, to Enoch Haskin at Milwaukee, to tbe care of tbe defendants in that city, and it came into tbe possession of the defendants on tbe 28th of July. On tbe afternoon…
1Opinion of the Court
By the Court,
Cole, J.
Tbe real question presented by tbe pleadings and evidence in this case, was as to tbe right of tbe vendors of tbe property to stop it in tbe bands of tbe appellants. Tbe principle of law would not be controverted, tbat tbe vendors’ right of stopping tbe property continued until there bad been an actual or constructive delivery thereof to tbe vendee. Tbe point of inquiry before tbe jury then was, whether tbe property was still to be considered in its transit, or whether it bad arrived at its place of destination and bad come into tbe possession or under tbe direction of…
2Cases cited2 opinions
- Sawyer v. JoslinSupreme Court of Vermont · 1848
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by3 opinions
- Jeffris v. Fitchburg RailroadWisconsin Supreme Court · 1896
- A. B. Symns & Co. v. Wm. Schotten & Co.Supreme Court of Kansas · 1886
- Harding Paper Co. v. AllenWisconsin Supreme Court · 1886