Legal Opinion

Vandalia Railroad v. Upson Nut Co.

Indiana Court of Appeals

Decided March 11, 1913No. 7,802PublishedCited by 8 opinions

Prom Superior Court of Marion County (77,515) ; James M. Leathers, Judge. Action by the Upson Nut Company against the Vandalia Railroad Company and another. Prom the judgment against it, the Vandalia Railroad Company appeals.

1Opinion of the CourtIbach, C. J.

This action was brought by appellee against appellant and the Home Stove Company to recover the value of a carload of pig iron. The complaint was in two paragraphs, the first alleging that the iron was sold to defendants at their special instance and request, and the second declaring on a special contract for the purchase of the iron. Trial *254by jury resulted in a verdict for defendant Home Stove Company, and against appellant. Appellant has assigned as error the overruling of its motion for new trial, under which it argues that its motion for a peremptory instruction in its favor should have…

2Cases cited5 opinions

  1. Magnin v. . DinsmoreNew York Court of Appeals · 1877
  2. Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
  3. Davis & Son v. HurtSupreme Court of Alabama · 1896
  4. Wamsley v. . Atlas Steamship Co.New York Court of Appeals · 1901
  5. Bowlin v. NyeMassachusetts Supreme Judicial Court · 1852

3Cited by8 opinions

  1. Refrigeration Sales Co., Inc. v. Mitchell-Jackson, Inc., a Corporation, and Alfred L. JacksonCourt of Appeals for the Seventh Circuit · 1985
  2. Yeager and Sullivan, Inc. v. Farmers BankIndiana Court of Appeals · 1974
  3. Manley Bros. v. Boston & Maine RailroadSupreme Court of Vermont · 1916
  4. Inland Metals Refining Co. v. Ceres Marine Terminals, Inc.District Court, N.D. Illinois · 1983
  5. Seip v. GrayIndiana Supreme Court · 1949

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