Peoria & Pekin Union Railway Co. v. Buckley

Citations

• 114 Ill. 337
• 2 N.E. 179
• 1885 Ill. LEXIS 616

Syllabus

<p>1. Warehouseman—delivery to wrong person—liability to the owner. Where a warehouseman receives grain, he will be liable to the party storing the same if he delivers it to any other person without authority from the owner, unless the latter has done some act or acts to estop him from denying pei'mission to make such delivery.</p> <p>2. Same—delivery of grain on a sampler’s ticket—whether a protection to the warehouseman. It is the usual custom on the board of trade in Peoria, when grain has been consigned to a dealer, and the railroad cars in which it was shipped remain upon the track, to cause the grain to be sampled by a person appointed by the board- of trade for that purpose, the sampler giving to the consignee a ticket stating the kind and .grade of the grain inspected, ■and the consignee named, with a sample of the grain. It appeared also to have been the custom, when a sale was made on the board, for the seller to mark on the sampler’s ticket, the name of the purchaser, and the price, and give the same to the purchaser, with an order, either verbal or written, to deliver the grain sold at such place as the buyer may designate. It was held, that a warehouseman, to whom a shipment of grain had been delivered on the order of one who had purchased under the conditions mentioned, was not authorized to deliver the grain to such purchaser merely upon the presentation of the sampler’s ticket with the name of the purchaser and the price marked thereon, without any order from the seller. The sampler’s ticket was not a warehouse receipt, in the sense that term is used in the statute.</p> <p>3. Sale bob cash—whether complete before actual payment—payment by check. Where a contract is made for the sale of grain at a warehouse, for cash, the purchaser will not be entitled to possession before payment of the price; and a check given by him on a bank for the price, which is dishonored, is no payment, and he acquires no title to the grain by giving such worthless check.</p>