Morgan v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oconto county: W. B. Quietlaet, Circuit Judge. The plaintiff is a manufacturer of lumber doing business at Morgan Siding, Wisconsin, and the Esterbrook-Skeele Lumber Company is a corporation engaged in the lumber business with offices in the city of Chicago and state of Illinois.
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Appeal from a judgment of the circuit court for Oconto county: W. B. Quietlaet, Circuit Judge. The plaintiff is a manufacturer of lumber doing business at Morgan Siding, Wisconsin, and the Esterbrook-Skeele Lumber Company is a corporation engaged in the lumber business with offices in the city of Chicago and state of Illinois. Prior to the 4th day of April, 1914, the plaintiff agreed to sell to the Esterbrook-Skeele Lumber Company a considerable quantity of lumber, to be loaded on cars at or near Morgan Siding, Shawano county, Wisconsin, on the line of the Wisconsin & Northern Railroad…
1Opinion of the CourtOweN, J.
Conceding plaintiff’s right of stoppage in transitu■, defendant’s liability must be predicated on some *53breach, of duty that it owed the plaintiff. This is conceded by tbe plaintiff, wbo asserts that tbe shifting of the lumber from Butler to Chicago constituted a conversion thereof, and that if such transfer did not constitute conversion then the defendant converted it when, in the face of the claim of title thereto by the plaintiff, it delivered the lumber to the receiver in bankruptcy pursuant to the order of the United States district court for the Northern district of Illinois.
Upon the…
2Cases cited6 opinions
- Babbitt v. DutcherSupreme Court of the United States · 1910
- Blum v. HouserCourt of Appeals for the Seventh Circuit · 1913
- Wells Fargo & Co. Express v. FordSupreme Court of the United States · 1915
- Pridmore v. Puffer Mfg. Co.Court of Appeals for the Fourth Circuit · 1908
- In re Manuel J. Portuondo Co.District Court, E.D. Pennsylvania · 1905
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3Cited by2 opinions
- Donegal Steel Foundry Co., a Pennsylvania Corporation v. Accurate Products Co., a New Jersey CorporationCourt of Appeals for the Third Circuit · 1975
- Bisbee v. KnightSupreme Judicial Court of Maine · 1942