Hale v. Milwaukee Dock Co.
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Milwaukee County. Action upon four warehouse receipts, executed by the defendant, in form as follows: “ Received in store from McLaren on account of bearer 54 bbls. mess pork, deliverable on return of this receipt and payment of storage,” which the plaintiffs allege that they received, in the usual course of business, as security for moneys advanced by them on the faith thereof to a third party, who obtained them for a valuable…
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APPEAL from tlie Circuit Court for Milwaukee County. Action upon four warehouse receipts, executed by the defendant, in form as follows: “ Received in store from McLaren on account of bearer 54 bbls. mess pork, deliverable on return of this receipt and payment of storage,” which the plaintiffs allege that they received, in the usual course of business, as security for moneys advanced by them on the faith thereof to a third party, who obtained them for a valuable consideration. They allege that defendant refused to deliver the property on their demand, and seek to recover its value. The…
1Opinion of the Court
Tbe following opinion was delivered at tbe June term, 1871:
Dixon, C. J.
This cause was most ably and exhaustively argued at the bar on both sides, as well on the first appeal as on this, and I thought at that time and so I still continue to think, that the tender or offer by the defendant to deliver to the plaintiffs tbe same parcels and barrels received by the defendant in *486store, and for wbicb tbe receipt was given, was, and is, a discharge of the obligation of the defendant, and full satisfaction and performance of the contract on its part. I think this conclusion clearly follows from the…
2Cases cited12 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- Nelson v. WoodruffSupreme Court of the United States · 1862
- Barrett v. RogersMassachusetts Supreme Judicial Court · 1811
- Burton v. CuryeaIllinois Supreme Court · 1866
- Bissel v. PriceIllinois Supreme Court · 1855
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Price v. Wisconsin Marine & Fire InsuranceWisconsin Supreme Court · 1877
- Sinsheimer v. WhitelyCalifornia Supreme Court · 1896
- Stamford Compress Co. v. Farmers' & Merchants' Nat. BankTexas Supreme Court · 1912
- Dean v. . DriggsNew York Court of Appeals · 1893
- Citizens' Bank v. Arkansas Compress & Warehouse Co.Supreme Court of Arkansas · 1906
8 more not listed; retrieve them via the Exa API.