Ranney v. Higby
Wisconsin Supreme Court
ERROR TO MILWAUKEE CIRCUIT COURT. This was an action of assumpsit for 850 barrels of salt sold bj tbe plaintiffs to the defendant in November, 1851, and shipped at Buffalo on the schooner Juniatta Patton, to bim at Milwaukee. ' Declaration, tbe common counts for goods sold, with bill of particulars. Plea, general issue. The case was tried at the term of May, 1855, and on tbe trial tbe following proceedings were had.
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ERROR TO MILWAUKEE CIRCUIT COURT. This was an action of assumpsit for 850 barrels of salt sold bj tbe plaintiffs to the defendant in November, 1851, and shipped at Buffalo on the schooner Juniatta Patton, to bim at Milwaukee. ' Declaration, tbe common counts for goods sold, with bill of particulars. Plea, general issue. The case was tried at the term of May, 1855, and on tbe trial tbe following proceedings were had. The plaintiffs offered and read in evidence tbe following letter from them to tbe defendant, together with other evidence herein set forth. “ Buffalo, Nov. 13, 1851. “L. J. Higby,…
1Opinion of the Court
By the Court,
Cole, J.
We think that the nonsuit in this case was improperly granted. The order for the salt, the price and the shipment by the plaintiffs to the defendant, being proven, made out, to say the least of it, a prima facie case for the plaintiffs. It is contended by the counsel for the defendant, that the contract established by the letters and telegraphic dispatch, required the plaintiffs to insure the salt for their own benefit, if lost; and that inasmuch as it was shown by the cross-examination of Spencer, the captain of the schooner Patton, upon which the salt was shipped; that…
2Cited by6 opinions
- Sarbecker v. StateWisconsin Supreme Court · 1886
- Deusenberry v. DeusenberryWest Virginia Supreme Court · 1918
- United States v. ClineDistrict Court, W.D. North Carolina · 1885
- Somers v. McLaughlinWisconsin Supreme Court · 1883
- Ranney v. HigbyWisconsin Supreme Court · 1858
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