Reports Of Appellate Court Of The State Of Indiana (volume 18) by Indiana. Appellate CourtReports Of Appellate Court Of The State Of Indiana (volume 18) by Indiana. Appellate Court

Reports Of Appellate Court Of The State Of Indiana (volume 18)

byIndiana. Appellate Court

Paperback | February 1, 2012

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898. Excerpt: ... Drudge v. Leiter et al. ence to a known usage or ordinary cOurse of a particular business. In such case the known and ordinary course of the particular business may be proved, to raise a presumption that the transaction was in conformity therewith. Lyon v. Lenon, 106 Ind. 567. Rice v. Nixon, supra, related to the loss by fire of wheat stored. Speaking of the principle applicable where a warehouseman receiving wheat to be stored for the owner commingles it with his own wheat, it was said by the court: "Articles of such a character can be separated by measurement, and no injury result to the owner from the act of the warehouseman in mingling them with like articles of his own." It was also said, that the great weight of authority is, that in such case the contract is one of bailment, and not of sale, the warehouseman and the depositor becoming owners as tenants in common. It is further said, that it cannot be presumed that warehousemen in receiving grain for storage, or depositors in entrusting it to them for that purpose, intended or expected that each lot, whether of many thousand bushels or of a few hundred, should be placed in separate receptacles; but that the presumption is that the warehouseman and the depositor intended that the grain should be placed in a common receptacle and treated as common property. See, also, Morningstar v. Cunningham, supra: Schindler v. Westover, 99 Ind. 395. In Botteriberg v. Nixon, 97 Ind. 106, it is held, that the warehouseman is bound to keep sufficient grain on hand to meet the demands of depositors, and that if he fails to respond to a demand by delivering wheat in quantity and quality such as that received, he is liable, unless some accident not attributable to his fault or negligence caused the destruction of the gr...
Title:Reports Of Appellate Court Of The State Of Indiana (volume 18)Format:PaperbackDimensions:240 pages, 9.69 × 7.44 × 0.51 inPublished:February 1, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:021778948X

ISBN - 13:9780217789486