Heinz v. Railroad Transfer Co.
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. Plaintiffs’ instructions were erroneous in that they ’ignored the question of the delivery of the goods to the purchasers. The goods had been sold on time and deliv ered to the consignee, the transitus was ended prior to the commencement of the suit, and the vendor’s right was then gone, and they should not have recovered. Sawyer v. Joslin, 20 Yt. 172; Conners v. Transportation Co., 6 Am.
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Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. Plaintiffs’ instructions were erroneous in that they ’ignored the question of the delivery of the goods to the purchasers. The goods had been sold on time and deliv ered to the consignee, the transitus was ended prior to the commencement of the suit, and the vendor’s right was then gone, and they should not have recovered. Sawyer v. Joslin, 20 Yt. 172; Conners v. Transportation Co., 6 Am. Law Reg. 214; Pequer v. Taylor, 38 Bai’b. 371; Clark v. Masters, 1 Bosw. 177; Benjamin on Sales, §§ 822, 840, 841, 846, 851;…
1Opinion of the CourtSherwood, J.
Action for damages because of the conversion of a small lot of goods. The goods were shipped' from Buffalo, N. Y., to Strayer & Butler, of Kansas City, on the 22nd of February, 1878, and arrived at the depot in Kansas City on March 5th of that year, and -were taken away from the depot on or about that day, though it does-not definitely appear just when they were removed from the depot. The controlling question in this case is, whether a conversion of the goods in controversy, by the defendant, company, has occurred and this question hinges upon; another, to-wit: whether a delivery of the…
2Cases cited3 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Keeler v. GoodwinMassachusetts Supreme Judicial Court · 1873
- Hackett v. ConnettNew York Court of Chancery · 1833
3Cited by3 opinions
- Conrad v. FisherMissouri Court of Appeals · 1889
- Klein v. FischerMissouri Court of Appeals · 1888
- Scott Bros. v. William B. Grimes Dry-Goods Co.Missouri Court of Appeals · 1892