Legal Opinion

Eilers Music House v. Fairbanks

Washington Supreme Court

Decided July 11, 1914No. 11860PublishedCited by 15 opinions

Appeal from a judgment of the superior court for King county, Tallman, J., entered November 8, 1913, dismissing an action of replevin, upon granting a nonsuit.

1Opinion of the CourtGose, J.

This is an action of replevin, brought by the plaintiff to recover the possession of a Marshall & Wendall piano which, at the time of the commencement of the action and at the time of the trial, was in the possession of the defendants. At the close of the trial, the court granted a motion for a nonsuit, and a judgment was entered dismissing the action. The plaintiff has appealed.

The appellant claims that it consigned the piano to F. O. H. Goodman and E. G. Helgesen, for sale in accordance with the terms and conditions of a certain written contract whereby Goodman and Helgesen acted as its…

2Cases cited4 opinions

  1. Warner v. MartinSupreme Court of the United States · 1851
  2. McCarthy v. CrawfordIllinois Supreme Court · 1908
  3. National Cordage Co. v. SimsNebraska Supreme Court · 1895
  4. Eisenberg v. NicholsWashington Supreme Court · 1900

3Cited by15 opinions

  1. W. J. Earhart v. Alfred J. Callan, Jr., Trustee in Bankruptcy of the Estate of Felix Ivan Pugh, BankruptCourt of Appeals for the Ninth Circuit · 1955
  2. Lahn Simmons v. Matzen Woolen MillsWashington Supreme Court · 1928
  3. Norris v. Boston Music Co.Supreme Court of Minnesota · 1915
  4. Charles M. Stieff, Inc. v. City of San AntonioTexas Supreme Court · 1938
  5. Kemp-Booth Co. v. CalvinCourt of Appeals for the Ninth Circuit · 1936

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