Ohio & Mississippi Railway Co. v. Kerr
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of replevin, instituted in the court below, by the appellees, James M. Kerr, George W. Howe and John H. Turner, against the appellant, the Ohio & Mississippi Railway Company, to recover a quantity of flour.
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Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of replevin, instituted in the court below, by the appellees, James M. Kerr, George W. Howe and John H. Turner, against the appellant, the Ohio & Mississippi Railway Company, to recover a quantity of flour. The cause was tried before the court and a jury, and a verdict and judgment rendered for the plaintiffs; to reverse which judgment, the record is brought to this court by appeal. The facts in the case are fully stated in the opinion.
1Opinion of the CourtJustice Lawrence
On the 30th of September, 1867, Kerr, Howe & Go., the appellees, sold to Lamb & Quinlin, in St. Louis, ninety-nine barrels of flour. There was no agreement for credit, and one of the appellees testifies the sale was made as a cash sale. In the afternoon of the next day the flour was delivered by the appellees to a transportation company, upon the order of Lamb & Quinlin, without payment, taken over the river, to the depot of the Ohio & Mississippi Eailway Company, and consigned to Hew York. On the 2d of October the appellees demanded payment from Lamb & Quinlin, but were refused. The credit…
2Cited by2 opinions
- Shockley v. HillSupreme Court of Colorado · 1932
- Hanchett v. BuckleyAppellate Court of Illinois · 1888