Legal Opinion

Freeman v. Kraemer

Supreme Court of Minnesota

Decided December 19, 1895No. Nos. 9586-(164)PublishedCited by 12 opinions

Appeal by defendants from an order of the municipal court of Duluth, Powell, J., denying a motion for a new trial, after a .verdict in favor of plaintiff for $385.60. It appeared in evidence that on November 21, 1894, in response to inquiry of defendant Stevenson, plaintiff wrote Stevenson, from Roberts, Wisconsin, that he had no hay on hand, but that there was a party there who had three or four cars of hay which he was going to press, which would cost Stevenson $12…

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Appeal by defendants from an order of the municipal court of Duluth, Powell, J., denying a motion for a new trial, after a .verdict in favor of plaintiff for $385.60. It appeared in evidence that on November 21, 1894, in response to inquiry of defendant Stevenson, plaintiff wrote Stevenson, from Roberts, Wisconsin, that he had no hay on hand, but that there was a party there who had three or four cars of hay which he was going to press, which would cost Stevenson $12 delivered at Duluth. In the same letter plaintiff inquired of Stevenson if he handled oats and gave him a quotation at 31-J-…

1Opinion of the CourtCanty, J.

On November 26, 1894, plaintiff shipped a car load of oats and a car load of hay from Roberts, Wisconsin, to one Stevenson, a commission merchant at Duluth, Minnesota. A bill of lading or shipping receipt, whichever it may be called, was issued by the railway company to plaintiff (as C. F. Freeman & Co.) for each car. One of these bills of lading, as far as here material, reads as follows:

“Chicago, St. Paul, Minneapolis & Omaha Railway Co. No. car, 12,444. Roberts Station, Nov. 26, 1894. Received from C. F. Freeman & Co., in apparent good condition, marked, Geo. T. Stevenson, Duluth, Minn.;…

2Cases cited5 opinions

  1. National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
  2. The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
  3. Cayuga County National Bank v. DanielsNew York Court of Appeals · 1872
  4. Union Pacific Railway Co. v. JohnsonNebraska Supreme Court · 1895
  5. First National Bank of Cincinnati v. KellyNew York Court of Appeals · 1874

3Cited by12 opinions

  1. Marcus v. ArmerTexas Supreme Court · 1928
  2. Norris v. Boston Music Co.Supreme Court of Minnesota · 1915
  3. Canadian Northern Ry. Co. v. Northern Mississippi Ry. Co.Court of Appeals for the Eighth Circuit · 1913
  4. De Vries v. Sig Ellingson & Co.District Court, D. Minnesota · 1951
  5. Gustafson v. Equitable Loan Assn.Supreme Court of Minnesota · 1932

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