Wells Fargo & Co. Express v. Townsend & Freeman Co.
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Bene II. Coleman, Judge; 1. No claim for damages or loss was ever made out and given as provided in the receipt.
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Appeal from Lawrence Circuit Court, Eastern District; Bene II. Coleman, Judge; 1. No claim for damages or loss was ever made out and given as provided in the receipt. This was a condition precedent. 89 Ark. 404; 90 Id. 308; 67 Id. 407; 89 Id. 404; 95 Id. 412. The question as to the reasonableness of the notice and whether notice was given was for a jury. 89 Ark. 404. See 10 C. J. 327; 118 Ark. 406; 104 Id. 215. 2. The receipt on its face fixes the value at $15, and this limits the liability to that amount. 10 C. J. 133; 115 Ark. 20; 87 Id. 339; 10 C. J. 136-7; 108 Ark. 115; 227 TJ. S. 469;…
1Opinion of the CourtHumphreys, J.
The issue joined by the pleadings in this case, which was instituted by appellees against appellant in the Lawrence Circuit Court for the Eastern District, presented the question of whether appellant was responsible to appellees for $50.89 for a cross-head casting used in connection with an engine. Appellees expressed this casting through appellant express company from Poplar Bluff, Missouri, to Case, Arkansas, consigning it to J. E. Townsend, a member of appellee’s firm. The casting was lost. When the casting was shipped, appellant company issued a uniform express receipt to appellees. The…
2Cases cited10 opinions
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- Hudson & Co. v. Northern Pacific Railway Co.Supreme Court of Iowa · 1894
- Kansas & Arkansas Valley Railroad v. AyersSupreme Court of Arkansas · 1897
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
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3Cited by3 opinions
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- Fifty Associates Co. v. QuigleyMontana Supreme Court · 1919
- Stoltze Land Co. v. WestbergMontana Supreme Court · 1922