Strohn v. Detroit & Milwaukee Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court for Milwaukee County. On or about the 14th of November, 1862, the plaintiffs and one "Wise (whose interest was subsequently assigned to plaintiffs), delivered to defendant, at Milwaukee in this state, 800 bbls. highwines and 400 bbls. alcohol, which, the complaint alleges, defendant agreed to convey to New York city and deliver there to the consignee, at 90 cents per cwt, within fifteen days from the time of such delivery at Milwaukee; the…
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APPEAL from the County Court for Milwaukee County. On or about the 14th of November, 1862, the plaintiffs and one "Wise (whose interest was subsequently assigned to plaintiffs), delivered to defendant, at Milwaukee in this state, 800 bbls. highwines and 400 bbls. alcohol, which, the complaint alleges, defendant agreed to convey to New York city and deliver there to the consignee, at 90 cents per cwt, within fifteen days from the time of such delivery at Milwaukee; the conveyance from Grand Haven, Mich., to New York city to be entirely by rail. It is further averred that said property was…
1Opinion of the CourtDixon, C. J.
This case is ruled by that of Boorman v. American Express Company, [ante, p.152]. We there adopted the views of the court in King v. Woodbridge, 34 Vt., 565, and -held that the possession of the receipt by the plaintiff was, under the circumstances, but prima facie evidence of his assent to the terms of the special contract contained in the receipt, and that parol evidence was admissible to show that he never had in fact accepted the paper as a contract binding between himself and the company. Of course, possession of the paper by the party is evidence, more or less strong according to the…
2Cases cited1 opinion
- King v. WoodbridgeSupreme Court of Vermont · 1861
3Cited by13 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Williams v. Gallagher Transfer & Storage Co.Supreme Court of Louisiana · 1930
- Atchison, T. & S. F. Ry. Co. v. RobinsonSupreme Court of Oklahoma · 1912
- Stoner v. Chicago Great Western RailwaySupreme Court of Iowa · 1899
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