Norris v. Milwaukee Dock Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The facts stated in the complaint as the first cause of action, are as follows : Daniel Newhall had in store in defendant’s elevator in Milwaukee, 20,413 bushels of wheat, and on the 6th of June, 1865, employed the plaintiffs to carry it to Buffalo in their vessel, and to that end directed defendant to deliver to the master, on board said vessel, the quantity of wheat above named; and defendant thereupon weighed and…
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APPEAL from the Circuit Court for Milwaukee County. The facts stated in the complaint as the first cause of action, are as follows : Daniel Newhall had in store in defendant’s elevator in Milwaukee, 20,413 bushels of wheat, and on the 6th of June, 1865, employed the plaintiffs to carry it to Buffalo in their vessel, and to that end directed defendant to deliver to the master, on board said vessel, the quantity of wheat above named; and defendant thereupon weighed and delivered to said master, on board said vessel, a quantity of wheat, and its agents and servants then and there represented to…
1Opinion of the CourtCole, J.
In view of the matters set forth in the complaint, it is not a fair deduction to say that the payment by the respondent to the consignees was voluntary. It is alleged, in substance, that the master signed the bills of lading expressing that the consignors had shipped at Milwaukee on board the vessel a given quantity of wheat in each case; that the wheat was to be carried to the port of Buffalo, and there delivered for account of the consignees; that by reason of the execution of the bills of lading in the manner and under the circumstances therein stated, the respondents were compelled to and…
2Cases cited1 opinion
- Meyer v. . PeckNew York Court of Appeals · 1863
3Cited by2 opinions
- Root v. BonnemaWisconsin Supreme Court · 1868
- Travelers Insurance v. HallauerWisconsin Supreme Court · 1907