Southern Express Co. v. Seide
Mississippi Supreme Court
From the circuit court of Madison county. Hon. J. B. Chrisman, Judge. The package for the loss of which this suit was brought was shipped by the appellee from Canton, Miss., to one Felix in New York. When he delivered it the agent of defendant signed and delivered to him the receipt set out in the opinion of the court, first inserting therein that the value of the package was not given.
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From the circuit court of Madison county. Hon. J. B. Chrisman, Judge. The package for the loss of which this suit was brought was shipped by the appellee from Canton, Miss., to one Felix in New York. When he delivered it the agent of defendant signed and delivered to him the receipt set out in the opinion of the court, first inserting therein that the value of the package was not given. He paid the freight, 25 cents, which was the charge made on all packages not exceeding $50 in value. It was shown by the testimony of the agent that a greater charge, according to value, was made for sending…
1Opinion of the CourtCooper, J.
The appellee shipped by the appellant a small package containing two watch-cases of the value of $80, and the same was lost while in the possession of the company. The appellee had been in the habit of shipping by the defendant company, and had in his possession a book containing the receipts usually given out. by the company on the receipt of packages for shipment. On the day of *612the shipment the appellee filled out one of these receipts, the italicised portions written by himself, and presented the same to the agent of the company for signature at the time he delivered the package. The…
2Cases cited5 opinions
- Cole v. Goodwin & StoryNew York Supreme Court · 1838
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
- Adams Express Co. v. StettanersIllinois Supreme Court · 1871
- Southern Express Co. v. MoonMississippi Supreme Court · 1863
- Chicago, St. Louis & New Orleans Railroad v. AbelsMississippi Supreme Court · 1883
3Cited by2 opinions
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Spann v. Alabama & V. R.Mississippi Supreme Court · 1916