Kansas City Transfer Co. v. Neiswanger
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. James-H. Slover, Judge. The case is stated in the opinion. I. Plaintiff was a common carrier of' freight in the City of Kansas and had hanled freight for defendants. Defendants, by receiving and paying the freight and charges, without objection, on the property hauled by plaintiff in February, warranted the plaintiff in hauling the goods in controversy in May, and charging defendants with the freight and drayage thereon.
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Appeal from Jackson Circuit Court, Hon. James-H. Slover, Judge. The case is stated in the opinion. I. Plaintiff was a common carrier of' freight in the City of Kansas and had hanled freight for defendants. Defendants, by receiving and paying the freight and charges, without objection, on the property hauled by plaintiff in February, warranted the plaintiff in hauling the goods in controversy in May, and charging defendants with the freight and drayage thereon. Defendants were acquainted with plaintiff’s custom in regard to paying freight and back charges on goods hauled for their customers,…
1Per curiam
This cause has heretofore been here on appeal, and is reported in 18 Mo. App. 103. It was remanded for further proceedings.
*359The second trial seems to have been conducted consistently with the ruling of this court, and we. discover no reversible error in respect of the points heretofore passed upon by this court. But as it appears from the record now before us that (the suit having been instituted in a justice’s court) the defendants deposited, as a tender, with the constable, after suit brought and before the trial, the sum of $11.88, together with the costs accrued up to that time, the…
2Cases cited2 opinions
- Voss v. McGuireMissouri Court of Appeals · 1887
- Kansas City Transfer Co. v. NeiswangerMissouri Court of Appeals · 1885
3Cited by6 opinions
- Hole v. HampNebraska Supreme Court · 1937
- Crawford v. ArmstrongMissouri Court of Appeals · 1894
- Eagan v. MartinMissouri Court of Appeals · 1899
- Sanders v. MosbargerMissouri Court of Appeals · 1911
- Humphreys Mercantile Co. v. WalkerMissouri Court of Appeals · 1912
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