Legal Opinion

American Storage & Moving Co. v. Wabash Railroad

Missouri Court of Appeals

Decided December 14, 1909PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey_, Judge. (1) The receipt given constituted an agreement of the defendant to deliver the car of goods to the American Storage & Moving Company at Fortieth and Princeton avenue, Chicago, Illinois. Wohl v. Holt, 26 W^-703; Marshall & Michel Grain Co. v. Railroad, 176 Mo. 480; Marshall & An ties v. Railroad, 74 Mo. App. 81; Sash & Door Co. v. Railroad, 177 Mo. 641; Grain Co. v. Railroad, 120 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey_, Judge. (1) The receipt given constituted an agreement of the defendant to deliver the car of goods to the American Storage & Moving Company at Fortieth and Princeton avenue, Chicago, Illinois. Wohl v. Holt, 26 W^-703; Marshall & Michel Grain Co. v. Railroad, 176 Mo. 480; Marshall & An ties v. Railroad, 74 Mo. App. 81; Sash & Door Co. v. Railroad, 177 Mo. 641; Grain Co. v. Railroad, 120 Mo. App. 203; Milling Co. v. Railroad, 127 Mo. App. SO; Holland v. Railroad, 133 Mo. App. 694; Popham. v. Barnard, 77 Mo. App. 628. (2) A common…

1Opinion of the CourtGoode, J.

(after stating the facts). — Plaintiff contends the transportation receipt, or bill of lading, issued by defendant, bound it to carry the property to Fortieth street and Princeton avenue, or, at least, made it responsible for the property to said destination; and hence, even allowing the words “care of Chicago Junction Railroad Co.” authorized delivery to the junction railroad company instead of plaintiff, the designated consignee, a delivery to the junction company at any other point than Fortieth street and Princeton avenue was not a compliance with the bill of lading and did not discharge…

2Cases cited4 opinions

  1. Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
  2. Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
  3. Barrett v. Indianapolis & St. Louis RailroadMissouri Court of Appeals · 1880
  4. Wahl v. HoltWisconsin Supreme Court · 1870

3Cited by2 opinions

  1. Carder v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1913
  2. American Storage & Moving Co. v. Wabash RailroadMissouri Court of Appeals · 1912

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