Malvern Cold Storage Co. v. American Railway Express Co.

For the purpose of the question here presented, the facts, so far as disputed, and' so far as the evidence war rants, must, be found to -be such as are most favorable to plaintiff’s contention.

Plaintiff made the three shipments, of eggs on the dates claimed, consigned to Swift & Company at Fort Dodge. Defendant received them, delivered them at Swift & Company’s place of business in Fort Dodge to Potter, and took receipts for them, signed in the name of Swift & Company, by Potter. Plaintiff did not receive pay for the eggs. It is to be inferred that Potter converted, the eggs to his own use,…