Legal Opinion

Lewis v. Sharvey

Supreme Court of Minnesota

Decided August 16, 1894No. 8855PublishedCited by 2 opinions

Appeal by defendant, Pan! Sharvey, sheriff of St. Louis County, from an order of the District Court of that county, J. D. Ensign, J., made February 24, 1894, denying his motion for a new trial.

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Appeal by defendant, Pan! Sharvey, sheriff of St. Louis County, from an order of the District Court of that county, J. D. Ensign, J., made February 24, 1894, denying his motion for a new trial. The plaintiffs, Henry Lewis and Hetherington Hodgson of Glen-dive, Mont., on July 15, 1892, sold to Enoch Salt and Enoch J. Salt of West Superior, Wis., doing business there under the name of West Superior Woolen Mills Co., 15,950 pounds Montana wool at eighteen and one fourth cents per pound free on board cars at Glendive, Mont, to be shipped that day by rail to the purchasers, at Duluth. Plaintiffs…

1Opinion of the CourtCollins, J.

The question to be considered, and which will dispose of this appeal, — although others have been raised, — is whether plaintiffs were entitled to exercise the right of stoppage in transitu at the time they attempted to exercise such right over certain wool which they had sold and shipped to a copartnership doing business at West Superior, Wis.; the attempt being made at Duluth, Minn., a few miles distant. The main facts, fully justified by the evidence, are these: The wool was sold at Glendive, Mont., and shipped by rail, over the Northern Pacific road, on July 15, 1892, consigned to the…

2Cases cited5 opinions

  1. Farrell & Co. v. Richmond & Danville R. R.Supreme Court of North Carolina · 1889
  2. Harris v. Walter H. Tenney & Co.Texas Supreme Court · 1892
  3. White v. MitchellMichigan Supreme Court · 1878
  4. Macon & Western Railroad v. Meador Bros.Supreme Court of Georgia · 1880
  5. Scott Bros. v. William B. Grimes Dry-Goods Co.Missouri Court of Appeals · 1892

3Cited by2 opinions

  1. Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
  2. Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897

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