State v. Wingfield
Supreme Court of Missouri
Appeal from Howard Circuit Cou/rt. — Hon. C. W. Sloan, Judge. (1) The state’s second instruction ought not to have been given. It does not properly declare the law. The general rule is, where the goods have been delivered to a common carrier for transportation to the purchaser, the delivery to the common carrier passes the title, so that the risk of loss in the course of transit falls on the vendee. Tiedeman on Sales, secs. 85, 95, and notes; Kerwan é Co. v. Doran, 29 Mo.
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Appeal from Howard Circuit Cou/rt. — Hon. C. W. Sloan, Judge. (1) The state’s second instruction ought not to have been given. It does not properly declare the law. The general rule is, where the goods have been delivered to a common carrier for transportation to the purchaser, the delivery to the common carrier passes the title, so that the risk of loss in the course of transit falls on the vendee. Tiedeman on Sales, secs. 85, 95, and notes; Kerwan é Co. v. Doran, 29 Mo. App. 397; Garbracht v. Commonwealth, 96 Pa. St. 449; 42 Am. Rep. 550; Sarbecker v. State, 65 Wis. 171; 56 Am. Rep. 24;…
1Opinion of the CourtBukgess, J.
The defendant was indicted in the circuit court of Howard county for having sold beer in the city of Fayette in that county in violation of the ‘‘local option law,” which was then in force in that city. The indictment does not allege to whom the beer was sold, and a motion was made to quash it for that reason and because the law is unconstitutional, which motion was overruled.
The evidence for the state shows the following state of facts: The witnesses had gone to defendant’s place of business for beer, but were informed by him that he could not let them have it, but he told them they could…
2Cases cited15 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- State v. O'NeilSupreme Court of Vermont · 1885
- Ex parte SwannSupreme Court of Missouri · 1888
- State v. JaquesSupreme Court of Missouri · 1878
- State v. LaddSupreme Court of Missouri · 1852
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Scharff v. MeyerSupreme Court of Missouri · 1896
- State v. TaylorSupreme Court of Missouri · 1965
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Ex Parte FrancisCourt of Criminal Appeals of Texas · 1914
- City of Carthage v. DuvallIllinois Supreme Court · 1903
23 more not listed; retrieve them via the Exa API.