, 1874-02-04

Decision in the Young-John
eon-Keck Case.
Tho Supreme Court Reverses tho De-
:iSi0n Of 1Ilc Lower Court,
The Negligence of the Original Owners
the Chief Reason Assigned.

Wo publish tho full text of tho opinion filed
Saturday in tho Supreme Court III the caso Of
A. NJ. Young ct nj. against Timothy Bradley OF
nj. The case excitas1 considerable attention at
the ti1no us rogurds tho faith which could be
pIaccd in warehouse receipts whom takon in
good faith. The facts aro stated very fully in
the opinion which wna giyon by Judge sheldon.
The Opinion, is rs follows:
This WAS nll action Of rop1ovin brought against
tho defendants for detaniug quantity OF 1ncss
pork clamel by the plaintiffs as their property.
On July &c, 1879, J. L. Keck, OF Cincinnati,
entered into contract Of salo with j. Brooks
johnson Il Co., Of Chicago, OF which tho follow
inf is copy:
Bought Of j. s. KccI, Of Cincinnati, O., 1000 bnr-
rclB Of pork, to he either alciran i Evans
Shtlllcl Davis, jr., Joseph RIsOnl SuB or H. HHlb-
ford l. Co, brautls, Of Cilc!nnr datu Of packing aud
humber Of pieces 10 be branded tue head of each
xcrsa v sn S e. cpR a os &C.
shspring order for Which wo agrco 10 pay $l375 per
j. DuooHs JOHNSON l. Co.,
CHICAGO, July 90, 1872.
Tie above eotrast guaranteed By = Us on belalf Of
]. BrooRs jonnso!' L Go. L. L. I. =. Joa1shoH
kecli subsequently caused tho pork to bc
llauld to the depot Of tho Cincinnati, Hnmilt0n
II Dayton Ruilroal Company, ut Cincinnati anl
delivered to the Railroad Company. Tho Rail-
road Conpany issued its receipts for tho pork AZ
delivered in tho ordinary form known nj "dray~
11ailroat Company Aug. 8, 1872. nnt the Last
Oh Saturday. Aug. III, 1879, tho receipts bcing
in Tho following form:
1:eceiyet uf llcKccl.an l. Evans, ut Cincinnati l.
order to 10 forwarded via Ateln.n1l'l to Chicago.
Aisley " arrcls tl.*a park, ~ barrels 1noss pork,
| lnurEcu "N Dcnsforl i Co., l,nclttIs"
| On that day (saturlay) I'LL auount OF Tue pur-
0F a Itn
| Was presented to j. Bfo0kS JolISu.l in Cinc1.-
nati antl Payment demanded. tho rt!ilroad ro-
cepts being Mt tho aamo tmo rendered. Pay
'nent was refused, Johnson claiming that the
prices wore not correctly branded on tho bnrrols,
and requiring q guarantoo tlat tho nun,bcrB
would CUNT out right in Chicago, which was re-
fused. On Mundny. Aug. II, tho dtay, tickets
wero presented to tho Agent Of tho EAiaeoa1
Of l. +. Murphy 4 Co. WAS inserted az cousignoes
| i'll tho tlrAy tieRtlH, tho lickots surrendered to
the rniiroad nsont, and bills OF tadinG were III
sued to hcck with .. I. Murphy 1t CO. debignat-
going forward to chiengo. Aportion Of ii arrived
thera on Saturday. tho 1ttl. Of August, and tue
lonlaudoe Of ii botwcou Saturday night aud
Monday morning, Aug. H. and 1t gu came CON
agHcu or way-billol to ]. Brooks Jolluaon.
The Froght-AEout ut Ohicago sent word to tho
place Of buHl,iesB OF j. Hrouks JohuBn g. Co.
Of tho arrival Of tic I}0rk, antl inquirnE wllnt
should bo doMo with it, as'l in accordance with
thcir instructions, given OIL Monday morning
Aug. u, tho pork was Oh ti,at day doliyarod a'
and thu lattar iasucd their WI olloUBo ro
ceilts therefore TO j. Drooks Johtson i
Co., Which woso subsequently, intorhotl by
them, and were rcgeivcl ~ tho roEual
couEso Of bNsnoas by Young t. Co., tho plnilltlflB
upon purchases mala by tllom 0f sevoya! lota OF
tho pork III question Of several different rurtnn
No qunstion il male t!lAt upon tho evidol!co th
plaititlffs wcro bona htIo anl innocont purchaser
;I4,n$