Hance v. Wabash & Western Railway Co.
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) Having sold the property here sued for to the consignee named in the bill of lading, the plaintiff has no further interest in it, and can not maintain this ■action. Comstock é Co. v. Affoetter, 50 Mo. 411; Graff v. Foster, 67 Mo. 512; Armentrout v. Railroad, 1 Mo. App. 158; Oder v. Railroad, 13 Mo. App. 81; Lindmer v. Meyberg, 27 Mo. App. 181; Meyer Bros. v. McMahan, 50 Mo.
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Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) Having sold the property here sued for to the consignee named in the bill of lading, the plaintiff has no further interest in it, and can not maintain this ■action. Comstock é Co. v. Affoetter, 50 Mo. 411; Graff v. Foster, 67 Mo. 512; Armentrout v. Railroad, 1 Mo. App. 158; Oder v. Railroad, 13 Mo. App. 81; Lindmer v. Meyberg, 27 Mo. App. 181; Meyer Bros. v. McMahan, 50 Mo. App. 18; Harding v. Manard, 55 Mo. App. 364; Hutchinson on Carriers [2 Ed.], sec. 720, p. 864, and cases cited; Benjamin on Sales [1 Am. Ed.], secs.…
1Opinion of the CourtRombauee, P. J.
This is an action brought by a consignor against a common carrier for violation of its common law duties in the transportation of ten tons of tow or excelsior from Montgomery City, Missouri, to Boston, Massachusetts. The tow was injured by fire while in transit, and while in the possession of a connecting carrier in the state of Ohio. The cause of the fire being unexplained, the plaintiff claims he is entitled to recover from the defendant under the provisions of chapter 26, of the Revised Statutes of 1889, since the goods' were received by the defendant for through transportation. • The…
2Cases cited7 opinions
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- Atchison v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- Bevis v. Baltimore & Ohio RailroadMissouri Court of Appeals · 1888
- Keystone v. MoiesSupreme Court of Missouri · 1859
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3Cited by2 opinions
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Taussig v. Southern Mill & Land Co.Missouri Court of Appeals · 1907