M'Neil v. Hill
U.S. Circuit Court for the District of Minnesota
The defendants had given a warehouse receipt to Upham & Co. for 800 bushels of wheat. Upham & Co. agreed with the plaintiffs to sell to them a much larger amount of wheat, and, in part execution of this agreement, assigned to the plaintiffs the receipt of the defendants. The plaintiffs presented the receipt to the defendants, and demanded the wheat mentioned therein; and upon refusal to deliver it, they brought this suit to recover their damages.
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The defendants had given a warehouse receipt to Upham & Co. for 800 bushels of wheat. Upham & Co. agreed with the plaintiffs to sell to them a much larger amount of wheat, and, in part execution of this agreement, assigned to the plaintiffs the receipt of the defendants. The plaintiffs presented the receipt to the defendants, and demanded the wheat mentioned therein; and upon refusal to deliver it, they brought this suit to recover their damages. The cause came on to be tried to the court without a jury. The defendants offered to prove that they had never received the wheat from Upham &. Co.,…
1Opinion of the Court
MILLER, Circuit Justice.
As civilization has advanced, and commerce extended, new and artificial modes of doing business have superseded the exchanges by barter and otherwise. which prevail while society is in its early and simple stages. The invention of the bill of exchange is a familiar illustration of this fact. A more modern, but still not recent invention, of like character, for the transfer, without the somewhat cumbersome, and often impossible, operation of actual delivery of articles of personal property, is the indorsement or assignment of bills of lading and warehouse receipts.…
2Cases cited1 opinion
- Lamb v. RicketsOhio Supreme Court · 1842
3Cited by2 opinions
- The CarsoDistrict Court, S.D. New York · 1930
- Boatmen's Nat. Bank of St. Louis v. St. Louis Southwestern Ry. Co.Court of Appeals for the Eighth Circuit · 1935