Danciger v. American Express Co.

TRIMBLE, J.- —

'Plaintiffs, as partners, were engaged in the mail-order liquor business in the city of Dallas, Texas, under the name of the Harvest King Distilling Company. Their method of business was that, upon receipt through .the mail of orders from individuals throughout the State of Texas, plaintiffs would ship the liquor C. O. D., which means, of course, that the purchase price of the liquor should be collected by the carrier from the consignee upon delivery.

Influenced by certain legislation of the State of Texas, enacted for the purpose of regulating and restricting the shipment of…