Peter v. Butler
Supreme Court of Virginia
Butler, a farmer of Jefferson county, Virginia, had deposited with Peter, a merchant of Georgetown in the district of Columbia, in a warehouse kept there by him for the storage of flour, a parcel of flour, to be kept on storage, and re-delivered on demand: but before the flour was demanded, Peter’s warehouse, with whatever flour was in it at the time, was accidentally consumed by fire.
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Butler, a farmer of Jefferson county, Virginia, had deposited with Peter, a merchant of Georgetown in the district of Columbia, in a warehouse kept there by him for the storage of flour, a parcel of flour, to be kept on storage, and re-delivered on demand: but before the flour was demanded, Peter’s warehouse, with whatever flour was in it at the time, was accidentally consumed by fire. And a dispute arose between the parties, which should bear the loss? whether Peter had fairly performed the contract of bailment on his part? and whether or no he was bound, under the peculiar circumstances of…
1Opinion of the Court
The only point of law involved in the decision, was the question of jurisdiction. This court concurred with the chancellor, that a claim, arising on a contract of bailment made out of Virginia, against a nonresident of Virginia, is such a claim for debt, for which the foreign attachment in chancery is a proper remedy.
2Cited by7 opinions
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- Bank of the United States v. Merchants BankSupreme Court of Virginia · 1843
- Lancaster v. WilsonSupreme Court of Virginia · 1876
- Lancaster v. WilsonSupreme Court of Virginia · 1876
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