Alden & Co. v. Carver
Supreme Court of Iowa
Appeal from Pottawattamie District Court Replevin. Plaintiffs shipped the goods in controversy from St. Louis, by the way of the Hannibal and St. Joseph Railroad, as they claim, under a contract with the railroad company to take them at the place of shipment and deliver them at their destination, Council Bluffs, Iowa. At St. Joseph, the goods were placed on board the steamer Dacotah, for carriage to their destination.
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Appeal from Pottawattamie District Court Replevin. Plaintiffs shipped the goods in controversy from St. Louis, by the way of the Hannibal and St. Joseph Railroad, as they claim, under a contract with the railroad company to take them at the place of shipment and deliver them at their destination, Council Bluffs, Iowa. At St. Joseph, the goods were placed on board the steamer Dacotah, for carriage to their destination. Defendant was a warehouseman at the Council Bluffs landing, and with him the goods were left, with instructions to collect the back charges, some $248. He also had charges for…
1Opinion of the Court
Weight, J. (1)
That plaintiffs were not entitled to the possession of the goods at the time this action was commenced, and that, as a consequence, the verdict against them upon that issue is correct, we entertain no doubt. And this for the reason, that while they did not and do not controvert the right of defendant to a lien on the goods until his charges as warehouseman were paid, and his right to retain’their possession until such payment, the testimony is quite conclusive that such charges were not paid, and that’ there had been no demand until after the writ was issued. The petition was…
2Cited by7 opinions
- Fredericks v. TracyCalifornia Supreme Court · 1893
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- Kimball v. RedfieldOregon Supreme Court · 1898
- Pierce v. LangdonIdaho Supreme Court · 1891
- Barker v. BrownMassachusetts Supreme Judicial Court · 1885
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