52 Iowa 701 | Iowa | 1879
Lead Opinion
“ Hoekinton,' Iowa, February 18, 1876.
Received from ¥m. Petrie 178 34-60 bushels "wheat, quality as per sample preserved, to be stored until he is ready to sell.
J". W. Stevenson.”
"William Petrie testified that he stored the wheat in question with defendant and obtained the receipt; that he never gave any written consent that the' defendant should sell or ■transfer it, or remove it beyond his control, and that the defendant said he had shipped the wheat away. Upon cross-examination the defendant proposed to prove by this witness
II. The defendant asked the witness Bailey whether he put the wheat in a separate bin, by itself, or in a common bin. The testimony was objected to and the objection sustained. The proposed testimony is immaterial. Under the receipt and the law the defendant had no authority to ship it without written consent, whether placed in a separate or a common bin.
The court did not err in the instruction given.
Affirmed.
Rehearing
ON REHEARING.
— Upon the petition of appellant a' rehearing was granted in this case. The rehearing was allowed, not so much on account of any doubt of the correctness of our former opinion, under the statute, as from a hope that we might be able to discover some legal avenue to a different conclusion, and thus relieve the defendant of the consequences of a conviction which seemed to us, under the circumstances, to be one attended with very great hardship. After a careful examination of the case we are unable to reach any other conclusion than that above announced. The opinion heretofore filed is adhered to.