Barnes Safe & Lock Co. v. Bloch Bros. Tobacco Co.
West Virginia Supreme Court
Statement of the case by DjeNT, Judge: On the 21st day of April, 1890. the Barnes Safe & Lock Oompauy entered into a written contract of agency with the Globe Contract Company as follows, to wit: “Articles of agreement between the Barnes Safe & Lock Company, of Pittsburgh, Pa., composed of Thomas Barnes of the first part, and the Globe Contract Company of Wheeling, W. Va., a corporation of the State of West Virginia, of the second part, witnesseth, that, for and in…
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Statement of the case by DjeNT, Judge: On the 21st day of April, 1890. the Barnes Safe & Lock Oompauy entered into a written contract of agency with the Globe Contract Company as follows, to wit: “Articles of agreement between the Barnes Safe & Lock Company, of Pittsburgh, Pa., composed of Thomas Barnes of the first part, and the Globe Contract Company of Wheeling, W. Va., a corporation of the State of West Virginia, of the second part, witnesseth, that, for and in consideration of the parly of the second part assuming the agency for the manufactures of the party of the first part in the…
1Opinion of the Court
Dent, Judge:
The counsel for the defendant in error maintains that the judgment of the Circuit Court should be affirmed, because : (1) The safe had been sold by the plaintiff to the Globe Contract Company. (2) If that were not so, and the safe was in the hands of the Globe Contract Company as plaintiff’s agents, the latter had a lien for the general balance due them, and the plaintiff not having paid that balance can not recover. (3) The plaintiff stood by and saw the safe sold as property of the Globe Contract Company without making any claim. (4) The Globe Contract Company, a trader, not…
2Cases cited5 opinions
- Chickering v. BastressIllinois Supreme Court · 1889
- Weir Plow Co. v. PorterSupreme Court of Missouri · 1884
- Kauffman v. BeasleyTexas Supreme Court · 1881
- Middleton v. StoneSupreme Court of Pennsylvania · 1886
- Washington Insurance v. WhiteMassachusetts Supreme Judicial Court · 1869
3Cited by16 opinions
- In re Columbus Buggy Co.Court of Appeals for the Eighth Circuit · 1906
- Arbuckle Bros. v. KirkpatrickTennessee Supreme Court · 1897
- Charles M. Stieff, Inc. v. City of San AntonioTexas Supreme Court · 1938
- Wynne v. McCarthyCourt of Appeals for the Tenth Circuit · 1938
- Holbert v. KellerSupreme Court of Iowa · 1913
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