Harry Hall & Co. v. Consolidated Packing Co.

Appeal by plaintiff from a judgment in favor of defendant. The complaint originally filed set up two causes of action in two counts, both based upon the issuance by defendant to Edward G. Ahrens & Company of a so-called negotiable warehouse receipt and both for a valuable consideration negotiated to the plaintiff. It covered 2,000 boxes of raisins; the first count is for failure to deliver on demand 1,275 boxes, and the second" count for like failure to deliver the balance.

At the conclusion of plaintiff’s testimony defendant made a motion for nonsuit. Before the court ruled thereon plaintiff…