Legal Opinion

Clark v. American Express Co.

Supreme Court of Iowa

Decided March 13, 1906PublishedCited by 10 opinions

Appeal from, Delaware District Court.— Hon. Eranklin C. Platt, Judge. Action to recover the value of certain goods delivered to the defendant at Manchester, Iowa, for shipment to Colesburg or Osterdock, in the same State. Trial to a jury, directed verdict for defendant, and plaintiff appeals.—

1Opinion of the CourtDeemer, J.

Plaintiff’s petition is in two counts. In the first he alleges that defendant undertook to convey five cloaks which plaintiff’s agent at Colesburg had sold for him, from Manchester, Iowa, to Colesburg, so as to reach plaintiff’s agent the following morning, to wit, October 31, 1903; that defendant disregarded its contract, and did not deliver the same as agreed, as it could have done in the reasonable course of its business'; that it received the goods from plaintiff at 5:05 p. m. October 30th, and that the car of a connecting carrier which operated its line through Colesburg did not leave…

2Cases cited16 opinions

  1. Hudson & Co. v. Northern Pacific Railway Co.Supreme Court of Iowa · 1894
  2. Fox v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1889
  3. Bond v. Wabash, St. Louis & Pacific R'y Co.Supreme Court of Iowa · 1885
  4. Fisher v. BrownMassachusetts Supreme Judicial Court · 1870
  5. Scovill v. . GriffithNew York Court of Appeals · 1855

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3Cited by10 opinions

  1. State v. PenceIndiana Supreme Court · 1909
  2. Stevenson v. StouferSupreme Court of Iowa · 1946
  3. Amick v. MontrossSupreme Court of Iowa · 1928
  4. E. H. Emery & Co. v. American Refrigerator Transit Co.Supreme Court of Iowa · 1922
  5. Parsons v. United States Express Co.Supreme Court of Iowa · 1909

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