Robinson v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — TIon. E. J. Broaddus, Judge. This was a suit to recover an over-charge upon a contract alleged to have been made with defendant for transportation' of corn from Hill’s Landing, Missouri, to New Orleans, Louisiana.
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Appeal from Carroll Circuit Court. — TIon. E. J. Broaddus, Judge. This was a suit to recover an over-charge upon a contract alleged to have been made with defendant for transportation' of corn from Hill’s Landing, Missouri, to New Orleans, Louisiana. The facts, as developed at the trial, were substantially as follows: Prior to the 16th day of May, 1876, plaintiff Robinson had had an interview and also correspondence with Bird, general freight agent of the defendant company, in relation to rates of freight on contemplated shipments of corn to be made over defendant’s road. On the day named…
1Opinion of the CourtSherwood, C. J.
The vital and controlling question in this case is whether there was a contract between the parties. The bills of lading under which the corn was: shipped on the Ida Stockton from Hill’s Landing, a point on the Missouri river, were not' signed by the defendant, nor by any one for it. The letter of Bird, general freight agent of defendant, dated May 18th, 187.6, gave plaintiffs-a rate from Richmond & Lexington Junction, a point on defendant’s road, to New Orleans. Nine days went by and no reply was made by plaintiffs to this letter, though abundant opportunities existed, both by telegraph and *498o…
2Cases cited2 opinions
- Eads v. City of CarondeletSupreme Court of Missouri · 1867
- Lungstrass v. German InsuranceSupreme Court of Missouri · 1871
3Cited by8 opinions
- Allen v. ChouteauSupreme Court of Missouri · 1890
- Sokol v. HillMissouri Court of Appeals · 1958
- T. M. James & Sons v. Marion Fruit Jar & Bottle Co.Missouri Court of Appeals · 1897
- Hendricks v. BeheeMissouri Court of Appeals · 1990
- Robertson v. TapleyMissouri Court of Appeals · 1892
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