Nebraska Meal Mills v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Elliott, Judge: STATEMENT BY THE COURT. Tbe appellant corporation delivered to the Missouri Pacific Railway Company a car load of meal for shipment to E. D. Russell at Altbeimer, Ark. The railway company thereupon gave to said consignor a bill of lading, in which it was stipulated that said meal was to be transported from Stella, Nebraska, to Altheimer, Arkansas, and there delivered to the consignee, E. D. Russell.
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Appeal from Jefferson Circuit Court. John M. Elliott, Judge: STATEMENT BY THE COURT. Tbe appellant corporation delivered to the Missouri Pacific Railway Company a car load of meal for shipment to E. D. Russell at Altbeimer, Ark. The railway company thereupon gave to said consignor a bill of lading, in which it was stipulated that said meal was to be transported from Stella, Nebraska, to Altheimer, Arkansas, and there delivered to the consignee, E. D. Russell. The appellant then, without notice to the railway company, drew a sight draft on said Russell for $182.30, the price of the meal, and…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The bill of lading under which the meal was forwarded by defendant railway company stipulated that it was to be transported to Altheimer, Arkansas, and there delivered to the consignee, E. D. Russell. It is admitted that the railway company performed its contract in strict accordance with its terms. But it is said that the consignee, Russell, had not ifkid for the meal; that the consignor had drawn upon him for the price of the meal, and had forwarded the draft, with the bill of lading attached thereto, to a bank for collection, thus showing an intention…
2Cases cited4 opinions
- Furman v. . Union Pacific R.R. Co.New York Court of Appeals · 1887
- Colgate v. . the Pennsylvania Co.New York Court of Appeals · 1886
- Merchants Despatch & Transportation Co. v. MerriamIndiana Supreme Court · 1887
- McEwen v. Jeffersonville, Madison, & Indianapolis RailroadIndiana Supreme Court · 1870
3Cited by18 opinions
- Chalk v. DaggettTexas Commission of Appeals · 1924
- In re T. H. Bunch Co.District Court, E.D. Arkansas · 1910
- Templeton v. Equitable Manufacturing Co.Supreme Court of Arkansas · 1906
- City Nat. Bank of El Paso v. El Paso & N. E. Ry. Co.Court of Appeals of Texas · 1920
- Nelson Grain Co. v. Ann Arbor RailroadMichigan Supreme Court · 1913
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