Peck v. Merchants' Transfer & Storage Co.

Citations

• 85 Kan. 126
• 116 P. 365
• 1911 Kan. LEXIS 24

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Designation of Defendant “Company” Not Specific — Waiver. Where a defendant is designated in the petition as a “company,” and in its answer describes itself by the same designation, a judgment against it will not be reversed on the ground that the record nowhere shows whether it is a partnership, a corporation or an individual doing business in that name.</p> <p>2. Conversion — Warehouseman—Refusal to Deliver Goods on Demand — Liability. The proprietor of a warehouse is liable, in an action of replevin, to the true owner of goods stored with him by some one else, where he has refused to deliver them on such owner’s demand, notwithstanding he has asserted no claim upon them in his own right.</p> <p>3. Judgments — Replevin—Consignor Not Bound. The consignor of goods which are replevined while in transit is not bound by a judgment against the carrier, although he has notice of the litigation, where he is not a party and takes no part in the proceedings.</p>