Northwestern State Bank v. Sieberman
Court of Appeals for the Eighth Circuit
In Error' to the Circuit Court of the United States for the District of Nebraska. This is an action for conversion, growing out of ⅞⅛ following state of facts: The Peters & Williams Company, a corporation of the state of Nebraska, was engaged in conducting a sheep ranch near Hay Springs in said state. The defendant in error Silberman Bros, was a copartnership firm residing and doing business at Chicago, Ill., as wool merchants.
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In Error' to the Circuit Court of the United States for the District of Nebraska. This is an action for conversion, growing out of ⅞⅛ following state of facts: The Peters & Williams Company, a corporation of the state of Nebraska, was engaged in conducting a sheep ranch near Hay Springs in said state. The defendant in error Silberman Bros, was a copartnership firm residing and doing business at Chicago, Ill., as wool merchants. One David T. Taylor, residing at Hay Springs, was acting as agent for Silberman Bros, in buying and shipping wool to them. On the 13th of April, 1905, Taylor as such…
1Opinion of the CourtPhidips, District Judge
It is to be conceded that the contract of April 13, 1905, was execu-tory in its character. While it recites that Peters & Williams Company have sold to Silberman Bros, so many fleeces, or about 50,-000 pounds of wool, the contract further disclosed that several things were thereafter to be done on the part of the vendor in execution of the transaction. The fleeces at that time were on the sheep, and, as the sheep themselves were not sold, it remained for the vendor to sever the fleeces and put the wool in condition for delivery. The vendor was to deliver it at a certain time and place, and…
2Cases cited5 opinions
- Wabash Western Railway v. BrowSupreme Court of the United States · 1896
- White v. DolliverMassachusetts Supreme Judicial Court · 1873
- Donohoe v. McAleerSupreme Court of Missouri · 1866
- Westbay v. MilliganMissouri Court of Appeals · 1898
- Coen v. WatkinsMissouri Court of Appeals · 1895
3Cited by4 opinions
- Schurman v. PegauNebraska Supreme Court · 1939
- Green v. WahlSupreme Court of Oklahoma · 1925
- Abington v. TownsendSupreme Court of Missouri · 1917
- Central Oregon Irrigation Co. v. YoungOregon Supreme Court · 1923