In re M. Burke & Co.

Citations

• 140 F. 971
• 1905 U.S. Dist. LEXIS 126

Syllabus

<p>Sales — Right op Stoppage in Transit — Duration op Transit.</p> <p>Goods bought, but not paid for, were shipped by the seller, addressed to the street number of the purchasers’ store. On their arrival in the city, they were delivered by the railroad company to a local transfer company having a general order from the purchasers to receive goods in their behalf, and were taken to the store,. which was found closed because of the purchasers’ insolvency. An adjudication of bankruptcy followed; the goods being held in storage by the transfer company. Held that, not having reached the destination contemplated by the shipper's directions, the goods were still in transit, and subject, in the hands of the local company, to the seller’s right of stoppage, as against the trustee of the bankrupts.</p> <p>[Ed. Note. — For cases in point, see vol. 43, Cent Dig. Sales, § 838.J</p>