Legal Opinion

Joslyn v. Grand Trunk Railway Co.

Supreme Court of Vermont

Decided August 15, 1878PublishedCited by 10 opinions

Trover with counts in case for two car-loads of corn. Plea, the general issue. The case was referred. The facts reported were in substance as follows : At some time in the summer or fall of 1874, the plaintiff entered into an arrangement with one J. C. Page, of Charleston, who was engaged in the manufacture of starch, whereby the plaintiff was to furnish Page money to buy potatoes, and take the starch from the factory as fast as it was manufactured, for his security.

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Trover with counts in case for two car-loads of corn. Plea, the general issue. The case was referred. The facts reported were in substance as follows : At some time in the summer or fall of 1874, the plaintiff entered into an arrangement with one J. C. Page, of Charleston, who was engaged in the manufacture of starch, whereby the plaintiff was to furnish Page money to buy potatoes, and take the starch from the factory as fast as it was manufactured, for his security. The plaintiff entered into that arrangement, and furnished money in pursuance thereof, intending to realize something from the…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The two car-loads of corn in controversy were shipped from Chicago over the defendant’s railway by J. B. Nutting & Co. to Island Pond to their own order, with directions to the defendant to notify J. C. Page, West Charleston. The defendant on its delivery book treated J. C. Page as the consignee, and delivered the corn to Page’s teamsters without any order from Nutting & Co. This was a delivery to the wrong person, which rendered the defendant liable for the value of the corn to the owner thereof, unless such owner’s conduct had induced the…

2Cases cited5 opinions

  1. Blumenthal v. BrainerdSupreme Court of Vermont · 1866
  2. Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1855
  3. Winslow v. Vermont & Massachusetts RailroadSupreme Court of Vermont · 1870
  4. Tilden v. Minor, Smith & MoriartySupreme Court of Vermont · 1872
  5. Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1851

3Cited by10 opinions

  1. Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
  2. Union Stock Yards Co. v. WestcottNebraska Supreme Court · 1896
  3. St. Louis S. F. R. Co. v. AllenSupreme Court of Oklahoma · 1912
  4. Wright & Colton Wire Cloth Co. v. WarrenMassachusetts Supreme Judicial Court · 1901
  5. Booth v. New York Central RailroadSupreme Court of Vermont · 1921

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