Christian v. First Division of the St. Paul & Pacific Railroad
Supreme Court of Minnesota
Tbe plaintiffs brought this action, in form replevin, in the district court for Hennepin county, and took from tbe possession of defendant, from its warehouse, a quantity of wheat; claiming to own the same.
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Tbe plaintiffs brought this action, in form replevin, in the district court for Hennepin county, and took from tbe possession of defendant, from its warehouse, a quantity of wheat; claiming to own the same. Defendant in its answer claimed to be entitled to the possession of the wheat by virtue of a lien thereon for storage, and for non-compliauce of plaintiffs with a regulation of defendant for the delivery of wheat stored in its warehouse or elevator; but the delivery of the wheat appeared to have been in fact based upon the latter ground only. The cause was tried by a jury and a, verdict…
1Opinion of the Court
By the Court.
Berry, J.
Defendant, according to its usual course of business at its elevator, weighs the quantity of wheat belonging to &t consignee into what is' called a delivery bin, from which it can be spouted into consignee’s wagon or sacks, at consignee’s pleasure.
By a regulation adopted by defendant, a consignee is required to receipt for wheat which has been thus weighed into a delivery bin for him, before taking the same from such bin, and before he can ascertain — except from defendant’s statements — whether the quantity of wheat receipted for is in the bin or not.
This action is…
2Cases cited10 opinions
- State v. BrownTennessee Supreme Court · 1847
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Vedder v. . FellowsNew York Court of Appeals · 1859
- Cochran v. ToherSupreme Court of Minnesota · 1869
- Derosia v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1872
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3Cited by2 opinions
- Reed Oil Co. v. SmithSupreme Court of Georgia · 1922
- Fred F. Shields Co. v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1922