Wabash Elevator Co. v. First National Bank
Ohio Supreme Court
Motion for leave to file a petition in error to the District Court of Lucas county. The original action was brought in the Court of Common Pleas of Lucas county, by the First National Bank of Toledo, against the Wabash Elevator Company, to recover the value of five thousand bushels of corn. The case was tried to the court and decided in favor of the bank. The elevator company moved for a new trial, which was overruled.
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Motion for leave to file a petition in error to the District Court of Lucas county. The original action was brought in the Court of Common Pleas of Lucas county, by the First National Bank of Toledo, against the Wabash Elevator Company, to recover the value of five thousand bushels of corn. The case was tried to the court and decided in favor of the bank. The elevator company moved for a new trial, which was overruled. A bill of exceptions was taken, embodying all the evidence, which shows substantially the following case: E. C. Smith & Co. and Hamilton & Goldsmith were two firms of…
1Opinion of the CourtDay, J.
There is no question but that the elevator company, before it delivered the corn to Hamilton & Goldsmith, had notice of the rights of all the parties; nor is there any doubt but that, as between Smith & Co. and the bank, the latter was entitled to the corn. The only question, then, is, as to the right of Hamilton & Goldsmith to the grain, for the elevator company defends upon their title. They claim by purchase of Smith & Co. Upon the supposition that Smith & Co. were the sole owners of the grain, did Hamilton & Goldsmith acquire title thereto ? If not, they have no ground upon which to…
2Cases cited6 opinions
- Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Haggerty v. PalmerNew York Court of Chancery · 1822
- Congar v. Galena & Chicago Union RailroadWisconsin Supreme Court · 1863
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