Young v. Miles
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Eeplevin for a quantity of wheat Tbe complaint alleges tbat on and before July 6th, 1864, plaintiff was tbe owner of 1500 bushels of No. 1 spring wheat, of tbe value, &c., in tbe possession of one Wm.
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APPEAL from tbe Circuit Court for Milwaukee County. Eeplevin for a quantity of wheat Tbe complaint alleges tbat on and before July 6th, 1864, plaintiff was tbe owner of 1500 bushels of No. 1 spring wheat, of tbe value, &c., in tbe possession of one Wm. H. Eobinson, as warehouseman, at bis warehouse in Waubashaw, Minnesota, and was entitled to tbe immediate possession of it; tbat be continued to be such owner, and entitled to possession, at tbe commencement of this action ; and tbat defendants, on said 6th of July, took tbe wheat from tbe possession of said Eobinson at Waubashaw, and brought…
1Opinion of the CourtDixon, C. J.
I am happily relieved from entering into any lengthy discussion of the principal question presented by this case, which is, whether replevin can be maintained for the wheat, or rather the quantity of wheat, specified in the receipt, after its intermixture with the wheat of Eobinson in the warehouse. The authorities are in clear and palpable conflict. According to some, it can; according to others, it cannot. I need refer only to Kimberly vs. Patchin, 19 N. Y., 330, and Shudder vs. Worster, 11 Cush., 573, which are the two leading American cases. The opinions in both are elaborate and well…
2Cases cited2 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Horr v. BarkerCalifornia Supreme Court · 1856
3Cited by23 opinions
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Pittsburgh, Cincinnati & St. Louis R. W. Co. v. MortonIndiana Supreme Court · 1877
- Kastner v. AndrewsNorth Dakota Supreme Court · 1923
- Johnston v. BrowneSupreme Court of Iowa · 1873
- Newton v. HoweWisconsin Supreme Court · 1872
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