, 1874-02-04

eontract Of sale, 30 M to bring tho cato within
tho wellEotlet r,lo aB held by tlliH Court that
delivery OF personal property nndor contract hf
ea1o by MI Unpaid vont'or to tho vcndca posaoss
title, 30 far that MI innocont purchaser
will be protected Irrespective Of the cotrnot, or
tic in.ontion of tho parties jennings Y. Gage
10 III. G1o. Dr,lntlago v. Oa1np, u III. aaD. M.
9. T. II. Co. v. rhilIps, ct al, GO III. l0o.
Tho pork wnH actually shippoa to J. bfooks
!ohuAon 4 e., ut Chicago. It was recelps'cd1 cd
to Chtcago. THO dray~tickotsElveh by tho oom,
rany woro without AMY uatno OF conssgnco. anu
this appears to have boon tho custom OF INC
shippers whom they wished 70 hold TIC pr9portiy
TO ret1trned and bills Of lading given with tho
namo Of conBgnce. Kccls, Porter, WHO had Bono
agency in tho ,uattor. Cunningham nnd nursford,
WHO had all interest in the pork, oil tony tint
shipment Of tho pora 10 j. Broohs Johnson :
Co., or know of its hotng 10 shipped. Thoro III
no,oexplnnatlon whatoyor Of tl,e fact how tho
pork. cnme to 10 Bnipned in tho ,'alno OF i.
1'rooks johnson s Co. Thoro wore ton persons
who bud MI interest in tho pork.. The preaunlI-
ton Is very strong tllat it niuBt havo loen why
bll]od Oh 1t was by tho oxpfoeH or implied di-
roction Of tho owllorH. or Of homo ono having
control of tic property under then'.
lilo Wol.known nlnue or business would
hardly admit that 1t should have locn other
wiso. But whether tho denial stated above, md
the circumstances OF tho absoneu Of tho natno
OF q consiEnco In tho, dray-ticket wera a'lilf.
eont to oyeroon,o the above pres1,pti,on IN tho
ns made, WIS through 1nistnho or BY
my fraudulent contriyataco, wo dco'n IL
unnecessary to consider, fn view Of nnother
hoco Of oyitlonco.. Cunningham. who was o
tostiheA TINT on Saturday afternoon demand
Of payment from J. Brooks Johnson III Cincin-
nat Ut tho oillco OF i. L. k r. s. johnson, tloy
! Batd tl,oy wished them 10 look ut tho park.
At
| ninghana polluted out about 10 or LOO l1arrolB Of
pork which, wcro lying upon tho floor, and thu
| JollnBony wished to know whero Lilo balance
| was. Cunningham told .hom ho sunposod IL was
zpp p on is c Tny t. GlssEs {S,ro They na1d rc
10 beloved Z. L. johnson had ordered
| it. Another demand OF payment waa made Of
J. Drooks johnson. md he declined or refused
payment Cunningham tbsn told T.. L.
that thoy would have to 1ook to thorn, tho
| gunrantors, for the money. Tho latter said
thoy were rolieyeu, rs The purchaser was there
aua declined to receive tho pork! Hero III evi-
| 1otlco tl,at nt that ti,ao Cunningham know ol
that 1t waa shipped to aonc person. To whom
clYo could ha ronsonably supposed twaB shipped
than to J. Dronlis johnson : II he did NOT tlleu
know such to 10 tho fact lonst luis suspicion
should havo beon aroused that 1t was sot and
there was enough to put him oil inquiry
ard caused him to ascertain that
1t was 60 Bllippol-as 1lo might havo done ut
onco and upon tho spot, being then Mt tho DO
pot; and llo should have taken speedy moanB Ia
| prevent the delivery to JollnHon. logard fot
tho ntorost Ut innocent purchasers. WHO might
bo mthled by Johnson being thus held out to the
world as the ownor Of tho property, required
this.
Had tllia been done, telegram, or probably I
lottor sent to Chicago on Saturday afternoon
would have arrested the delivery OF tho pork tx
Johnson. But no step whatovor was taken to-
wnrl That end, until Monday noon, when iht
| dray tickets wore presented to tho agent Of th<
| railroad at Cincinnati, anil bills Of laaing oh
tanod with tho narne Of q D. i. Murphy l. Co.
morning about o'clocl;, When it was too late
tho freight agent at Chicago received letter art
two telessanls from Cineisnat, that tho porl
should llAvc been consigned to D. T. Murphy i
oa1;, e 1"fla tas "tS to paymeat ae'' woaIa T. e
made ut tue timc of tho delivery OIL Tho cars
but ths conduct Of tho owners Of tho pork wonlt
accsn to indicate TINT for security for tho nay
lncut they relied rallc1 upo,1 tho guarantee tia,
upon the retention Of tho possesSlon Of th
conduct Of the owners. 1t Is said that after til
OCCURRENCE with johnson, aud Ills rofusal o
paymont, they had tho right to aBstlmo That Ii
would not attompt to obtain possession OF Ill
pork. There iB no pretonso thnt ttlero was, il
consequence Of Huc!i refs,Baf, any resembling Q
| tho contract Of ualo. It dooB not depend npo
Whit tho owners Ind rcaaon to assume slM
johnson would or would not lo, but upon wl'u
Euon urged In tho caseB cited nboyo that til
vendors Ind right to roly upon Tho o.
prous promise and good faltA of til
vcndcea, and to boliovc that thoy wotNd M
crly il,trlElod to their possession. and defe;
tho vendors claim for payment Of The purcllat
price.
BY suffering tile pork to 60 forward, consigue
Or way-blled as it waa, It came into the hands
Jonaou. the yot1doo., will, tho i'detuns Of owl
raront uwnor, to sell mud dispose OF tho propo
ty. 1t is this which tho Original owners Of IL
pork arc a1sswcrablo for, al respects innoco1
purchasers, without regard to The faot TINT the
had ro"Son to believe that johnson would NJ
ed. Untor the facts Of this case, wo must col
slider TINT, OH Saturday AFTERNOON, tho origin
owners Of this pork either actually did know {
were bound to know TINT II had gollo forwartl
Chicago consigned or way-billcd to johnson, Il
vcndco. III negccting, as tho, did, to tai
earlier mcanu to stop tho delivery to lin
Which might haye heen taken with ehfec
wo aro OF opinion that they mu
be regarded Ill having suffered the property
under Ills control, under circumstances whit
onablod him to impose himself on the world
tho roal owner. Wo must Wow it III tho iigi
TINT Johnson got the possession by what m,l
! tD regarded az amounting tV tho ab3oht OF u
vendors, nlld that their conduct, III relation to
, bhoull bo doomed talltanlou1lt in oirect to ,
nctual delivery vi the property to tho velltcc,
| far ag tue right Of innocent purchasers ID :o
ccsnod. Tic Judgment Of tho Court bolc
J must be reyo,Hcd aud tho cause reminded.
, | SAGINAW LUMBER AND SALT
Some statistics Concerning the Stlpl
Products Of the Saginaw Valley.
| Sueciai UEaualch tu Iht IAicaaa TribHns.