Myers v. Cottrill
U.S. Circuit Court for the District of Eastern Wisconsin
This was an action by Samuel Myers against William H. Cottrill, the proprietor of the Plankinton House in Milwaukee, to recover the value of certain -property alleged to have been stolen from his room in the Plankinton House, on the 29th of May, 1872. The plaintiff and his brother were partners in business in Boston, and were in the habit of taking to different parts of the country for sale various articles of jewelry, which when thus taken were charged to the person taking…
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This was an action by Samuel Myers against William H. Cottrill, the proprietor of the Plankinton House in Milwaukee, to recover the value of certain -property alleged to have been stolen from his room in the Plankinton House, on the 29th of May, 1872. The plaintiff and his brother were partners in business in Boston, and were in the habit of taking to different parts of the country for sale various articles of jewelry, which when thus taken were charged to the person taking it, and he was considered accountable to the firm for it The plaintiff and his wife arrived at the Plankinton House on…
1Opinion of the Court
DRUMMOND, Circuit Judge,
after stating the facts, charged the jury as follows: The counsel for the defendant insist that he is not liable for the merchandise stolen, because at the time “of the alleged loss it belonged jointly to the plaintiff and his partner. But as I understand the facts, although there was no absolute sale of the property by the firm to the person who thus took it for sale, it was nevertheless considered as in his custody and to be accounted for by him to the firm in any event. This being so, the court instructs you that inasmuch as the property was within the custody and…
2Cases cited1 opinion
- Stewart v. ParsonsWisconsin Supreme Court · 1869
3Cited by2 opinions
- Fisher v. KelseySupreme Court of the United States · 1887
- Williams v. Norvell-Shapleigh Hardware Co.Supreme Court of Oklahoma · 1911