American Tobacco Co. v. Whitney

Opinion op the Count by

Judge Rees

— Reversing.

This is an appeal from a judgment dismissing plaintiff’s petition after demurrers to certain paragraphs of the defendant’s amended and substituted answer had been overruled and plaintiff had declined to plead further.

The plaintiff, American Tobacco Company, alleged in its petition that the defendant, A. M. Whitney, who trades and does business under the name of Whitney Transfer Company, was at all times mentioned therein engaged in business as a common carrier of goods for hire, and that on November 19, 1936, plaintiff delivered to defendant…