Chicago, Burlington & Quincy Railroad v. J. Painter & Sons
Nebraska Supreme Court
Error to the district court for Otoe, county. Tried below before Pound, J. Defendants oifered to show that they had been garnished on the 13 th of June, and that' no claim was laid to the goods until the 25th; and offered the proceedings in garnishment, which was ruled out by the court. This we think is clearly error, as it would have tended to prove that the defendants in error had not claimed the goods in transitu.
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Error to the district court for Otoe, county. Tried below before Pound, J. Defendants oifered to show that they had been garnished on the 13 th of June, and that' no claim was laid to the goods until the 25th; and offered the proceedings in garnishment, which was ruled out by the court. This we think is clearly error, as it would have tended to prove that the defendants in error had not claimed the goods in transitu. The mere fact that after the creditors had seized upon the goods, and William M. Babbitt refused to accept them, would not make any difference. The court erred in ruling out the…
1Opinion of the CourtReese, J.
There is but one question presented by the record in this case, and that is whether the right of stoppage in transitu, belonging to a vendor of goods, on credit, can be extinguished by the service of garnishee process upon the carrier before the delivery of the goods to the consignee.
The defendants in error, doing business in Pittsburg, Penn., sold and consigned to the Nebraska Distilling Company, at Nebraska City, certain merchandise, which was transported through the state of Iowa over the line of railroad belonging to the defendant in error. Before the arrival of the goods at their…
2Cases cited7 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Rucker v. FeiferlichSupreme Court of Kansas · 1874
- Sutro v. HoileNebraska Supreme Court · 1873
- Hause v. JudsonCourt of Appeals of Kentucky · 1836
- Crawford v. BurtonSupreme Court of Iowa · 1858
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3Cited by3 opinions
- Schuster, Hingston & Co. v. CarsonNebraska Supreme Court · 1890
- Frame v. Oregon Liquor Co.Oregon Supreme Court · 1906
- A. Fenkhausen & Co. v. FellowsNevada Supreme Court · 1889