Sherman v. Rugee
Wisconsin Supreme Court
APPEAL from the County Court of MilwauJeee County. Replevin for a quantity of leather. On the 19th of May, 1881, the plaintiffs, who are leather dealers in Manitowoc, agreed to sell to Scheiderer & Reid, who were carrying on a tannery in the city of Milwaukee, twenty-six rolls,.containing two hundred and sixty sides of rough leather, for which the purchasers were, at their option, to pay cash or give their note at thirty days.
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APPEAL from the County Court of MilwauJeee County. Replevin for a quantity of leather. On the 19th of May, 1881, the plaintiffs, who are leather dealers in Manitowoc, agreed to sell to Scheiderer & Reid, who were carrying on a tannery in the city of Milwaukee, twenty-six rolls,.containing two hundred and sixty sides of rough leather, for which the purchasers were, at their option, to pay cash or give their note at thirty days. In case they paid cash a discount was to be made. It does not appear that the mode of shipment or the price of the leather was agreed upon. On the following day…
1Opinion of the CourtLyoN, J.
By their demand of the leather in controversy of the sheriff, the plaintiffs asserted, and by this action seek to enforce, the right of stoppage in transitu. The direction of the learned county judge to the jury to return a verdict for the plaintiffs (which is the only error assigned) was necessarily a ruling that the evidence conclusively establishes such right. Whether that ruling was correct or erroneous is the controlling question on this appeal.
The insolvency of the purchasers of the leather, Sche'id-erer & Reid, when the demand was made upon the sheriff therefor is proved beyond all…
2Cited by4 opinions
- Jeffris v. Fitchburg RailroadWisconsin Supreme Court · 1896
- Delta Bag Co. v. KearnsAppellate Court of Illinois · 1904
- Harding Paper Co. v. AllenWisconsin Supreme Court · 1886
- The E. H. PrayDistrict Court, E.D. New York · 1885