Lowe v. Moss
Illinois Supreme Court
This was an action on the case for not delivering goods, received by Moss as a common carrier. Plea, general issue, with notice that Moss would prove that he was prevented by the act of God, from delivering the goods. Lowe proved the ownership of the goods, and their shipment on board of the boat of Moss, in good order and condition.
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This was an action on the case for not delivering goods, received by Moss as a common carrier. Plea, general issue, with notice that Moss would prove that he was prevented by the act of God, from delivering the goods. Lowe proved the ownership of the goods, and their shipment on board of the boat of Moss, in good order and condition. That Moss stored the goods at Hennepin, (they having been shipped for La Salle,) without the consent of Lowe, and collected freight for the whole voyage. It was also in evidence, that 2278 pounds of sugar were destroyed while in store at Hennepin, that Lowe paid…
1Opinion of the CourtTrumbull, J.
The plaintiff, a merchant of Joliet, shipped a lot of goods at St. Louis for La Salle, on board the steamboat Avalanche, of which the defendant was master, and this action was brought to recover damages, for a failure to transport and safely deliver the goods at the port of destination.
The record shows, that the goods, among which was a quantity of sugar, were shipped late in the fall, and that the Avalanche, in consequence of the ice, was unable to reach La Salle, whereupon the goods were stored at Hennepin, without the knowledge or consent of the plaintiff, that subsequently, and before any…
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- Fred W. Wolf Co. v. SalemAppellate Court of Illinois · 1889
- Hubbard v. McCormickAppellate Court of Illinois · 1889
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