Orr & Lindsley Shoe Co. v. Frankenthal
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. John R. Thomas, Judge. Action by the Orr & Lindsley Shoe Company and another against Alexander Frankenthal and others. Judgment for defendants. Plaintiffs appeal.
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Appeal from the United States Court for the Northern District. John R. Thomas, Judge. Action by the Orr & Lindsley Shoe Company and another against Alexander Frankenthal and others. Judgment for defendants. Plaintiffs appeal. This is an action for trespass, alleging that the plaintiffs were the owners of certain merchandise of the value of $1,868.24, and that the defendants, on December 16, 1889, in the Chickasaw Nation, wrongfully and unlawfully seized said merchandise and converted the same to their own use, to plaintiff's damage-. The defendant Needles answered that at the time of the…
1Opinion of the CourtGill, C. J.
The first assignment of error is as follows: “The trial court erred in refusing to give the jury the following instruction, requested by the plaintiffs: “The court instructs you that, although you may believe from the evidence that the goods purchased by plaintiffs were not so marked or designated that the marshal could have distinguished them.by inspection’ or examination, yet if you believe that the marshal had notice of the sale to plaintiffs of the goods sued for, and could have found out which were plaintiff’s goods after notice then it was the duty of the marshal to have separated…
2Cases cited2 opinions
- Buck v. ColbathSupreme Court of the United States · 1866
- Harris v. Walter H. Tenney & Co.Texas Supreme Court · 1892
3Cited by1 opinion
- McCausey v. HoekMichigan Supreme Court · 1910