51 Vt. 92 | Vt. | 1878
The opinion of the court was delivered by
The two car-loads of corn in controversy were shipped from Chicago over the defendant’s railway by J. B. Nutting & Co. to Island Pond to their own order, with directions to the defendant to notify J. C. Page, West Charleston. The defendant on its delivery book treated J. C. Page as the consignee, and delivered the corn to Page’s teamsters without any order from Nutting & Co. This was a delivery to the wrong person, which rendered the defendant liable for the value of the corn to the owner thereof, unless such owner’s conduct had induced the misdelivery by the defendant. Nutting & Co., when they shipped the corn, made a draft for each^ car-load on J. C. Page, in favor of the Third National Bank of Chicago, payable at the Derby Line National
Judgment affirmed.