Halff, Weiss & Co. v. Chas. H. Allyn & Co.
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. L. D. Bradley. Suit for trial of right of property under the statute. The appellants claimed the right of stoppage in transitu of goods, and asserted their right by filing the claimant’s oath and bond. Issues were made up under the direction of the court and filed. The cause was tried before a jury, and resulted in a verdict for the plaintiffs; judgment thereon.
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Appeal from Navarro. Tried below before the Hon. L. D. Bradley. Suit for trial of right of property under the statute. The appellants claimed the right of stoppage in transitu of goods, and asserted their right by filing the claimant’s oath and bond. Issues were made up under the direction of the court and filed. The cause was tried before a jury, and resulted in a verdict for the plaintiffs; judgment thereon. The goods in controversy were sold by Halff, Weiss & Co. to E. M. Ewing on a credit of six months, and shipped from Galveston August 26, 1881, and addressed to “ E. M. Ewing, Blooming…
1Opinion of the Court
Stayton, Associate Justice.
The bill of lading upon which the goods were shipped does not appear in the transcript, but the evidence clearly shows that the goods were sold by the vendors at Galveston and shipped to E. H. Ewing, the vendee, marked and addressed to “E. H. Ewing, Blooming Grove, Texas, care of Railroad Agent, Corsicana,” and that “Blooming Grove,” distant about eighteen miles from Corsicana, was the place of business of Ewing. It further appears that they were so shipped upon the order of Ewing.
“ Goods are deemed to be in transitu, not only while they remain in the possession of…
2Cases cited3 opinions
- People v. HennesseyNew York Supreme Court · 1836
- Mohr v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Covell v. HitchcockCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by5 opinions
- P. J. Willis & Bro. v. ThompsonTexas Supreme Court · 1892
- C. H. Allyn & Co. v. P. J. Willis & Bro.Texas Supreme Court · 1885
- Harris v. Walter H. Tenney & Co.Texas Supreme Court · 1892
- St. Louis, B. & M. Ry. Co. v. McDavitt Bros.Court of Appeals of Texas · 1914
- Gowin v. GowinCourt of Appeals of Texas · 1924