Page:Federal Reporter, 1st Series, Volume 8.djvu/564

5S0 FEDERAL REPORTER. �verdict will be as follows: "We, the jury, have considered the follow- ing questions submitted by the court, to-wit : First, was McClintock, the conduotor, a person of negligent habits and character? and we �answer it ," inserting either "yes" or "no," as you may decide; �"second, if so, had the defendant notice of the negligent character of said conductor long enough before the accident to have discharged him �prior thereto? and we answer ," here insert "yes" or "no," and �sign by the foreman. ���Geeenlbap and others v. Dows & Co. �{Circuit Court, D. Minnesota. September, 1881.) �1. Elbvatob Receipts — SnKEENDBB Cbrtificatbs — Conversion. �In a suit in equity by holders of elevator receipts against a vendee of the operator of the elevator, to whom the operator had given certain gurrender certiflcates, hdd, that such vendee is liable for the value of the wheat -whlch he had removed and sold, when there is net enough wheat in the elevator to sat- isfy the holders of the receipts artd the certiflcates. �In Equity. �In September, 1879, one H. H. Harria engaged in the business of operating a grain elevator at Litchfield, Minnesota, a station on the St. Paul, Minneapolis & Manitoba Eailway, and while so engaged he received from numerous persons, for storage and handling for hire, large quantities of wheat, and he also purchased wheat on his own account, which was stored in said elevator. To persons depositing wheat for storage and handling he issued receipts and tickets in the following f orm : �" H. H. Ilarris. «Ticket No. 1368. �"LiTcnFiELD, Oct. 15, 1879. "Account of Andrew Johnson or bearer, forty-seven 46-60 busliels No. 2 wheat, to he carried at the convenience of the railroad company to St. Paul or Minneapolis for storage and delivery; insured against loss or damage byfire. �" H. H. Harkis, Inspector." �He also sold grain from the elevator on his own account, and among the purchasers from him of such grain were the respondents David Dows & Co., who received, as evidence of title to the grain so purchased, certain certifioates in the following form, called "surren- der certificates." ��� �