Lobenstein v. Pritchett
Supreme Court of Kansas
Error from Zea/oenworth District Gowrt. Lobenstein sued Pritchett upon au alleged contract of bailment, to recover the value of sixty-six ounces of gold dust.
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Error from Zea/oenworth District Gowrt. Lobenstein sued Pritchett upon au alleged contract of bailment, to recover the value of sixty-six ounces of gold dust. The petition alleged that said gold dust was delivered to defendant at Helena, in the Territory of Montana, to be by him carried to Leavenworth, Kansas, and delivered to the plaintiff, for a reasonable reward; that defendant converted thirty-three ounces thereof to his own use, and that through his carelessness and negligence the other thirty-three ounces of said dust became and were wholly lost to plaintiff. Answer, general denial. The…
1Opinion of the Court
The opinion of the court was delivered by
Yalentine, J.:
A sack supposed to contain gold dust was delivered to the defendant George W. Pritchett at Helena, in *218Montana Territory, to be delivered by Mm to the plaintiff William 0. Lobenstein, at Leavenworth City, Kansas. After-wards said sack was so delivered; and afterwards it was opened; bnt when it was opened it was found to contain nothing but shot and sand. The plaintiff then sued the defendant for the value of the said gold dust which said sack was supposed to contain. Trial was had, and the verdict of the jury and the judgment of the court…
Also in this document: Concurrence.
2Cases cited3 opinions
- Gillett v. CorumSupreme Court of Kansas · 1871
- Johnston v. HamburgerWisconsin Supreme Court · 1860
- State v. VolmerSupreme Court of Kansas · 1870
3Cited by5 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- D. L. Wells & Co. v. MehlSupreme Court of Kansas · 1881
- Redmon v. M. B. Salisbury Co.Supreme Court of Kansas · 1955
- Campbell Sixty-Six Express, Inc. v. Adventure Line Manufacturing Co.Supreme Court of Kansas · 1972
- Melvin v. United StatesDistrict Court, D. Kansas · 1997