Northrup v. Phillips
Illinois Supreme Court
Writ of Error to the Appellate Court for the Fourth District; — heard in that court on appeal from the Circuit Court of Alexander county; the Hon. David J. Baker, Judge, presiding. Horthrup & Arrick were the owners of a warehouse in Cairo, Illinois. Horthrup lived at St. Louis, Missouri. The warehouse was upon ground not owired by them, but entered upon by them under a lease, which had expired.
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Writ of Error to the Appellate Court for the Fourth District; — heard in that court on appeal from the Circuit Court of Alexander county; the Hon. David J. Baker, Judge, presiding. Horthrup & Arrick were the owners of a warehouse in Cairo, Illinois. Horthrup lived at St. Louis, Missouri. The warehouse was upon ground not owired by them, but entered upon by them under a lease, which had expired. Phillips lived in Cairo, and was the owner of a wharfboat, and was then in the employment of the officers or managers of several steamboats and barges, as a special kind of agent. He collected their…
1Opinion of the CourtJustice Dickey
As to the claim of Eorthrup to a share of the “tonnage dues,” we think the decision of the circuit court ivas clearly right. The business of warehousemen, where they do a forwarding business, ordinarily consists of storing produce for the owner thereof, and of shipping or forwarding the same for the owner. The legitimate income from such business consists in a compensation for storage, and a compensation from the owner for shipping or forwarding the same for him. In the shipping and forwarding it is the duty of the warehouseman, as the agent of the owner, to select the mode of shipping most…
2Cited by3 opinions
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- Central Trust & Safe Deposit Co. v. RespassCourt of Appeals of Kentucky · 1902
- New Hampshire Fire Insurance v. WallIndiana Court of Appeals · 1905