Woodruff v. Nashville & Chattanooga Railroad
Tennessee Supreme Court
EEOM DAVIDSON. On the 22d of May, 1856, one A. G. Henderson shipped by the defendant 128 casks of bacon, consigned to the plaintiff. Bj mistake of the agent of the defendant, the bacon was directed to Charleston, to the care of MeCreery & Hook, at Chattanooga, Hook haying been interested in some of the previous purchases of Henderson.' Hook, considering himself interested in the bacon, sold it at Chattanooga.
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EEOM DAVIDSON. On the 22d of May, 1856, one A. G. Henderson shipped by the defendant 128 casks of bacon, consigned to the plaintiff. Bj mistake of the agent of the defendant, the bacon was directed to Charleston, to the care of MeCreery & Hook, at Chattanooga, Hook haying been interested in some of the previous purchases of Henderson.' Hook, considering himself interested in the bacon, sold it at Chattanooga. Henderson, about the time of the shipment of the bacon, wrote to Wood-ruff informing him that he had forwarded the bacon to him; and, on the faith of it, drew two bills of exchange on…
1Opinion of the CourtWRIG-ht, J.
We have been unable to find any error in the judgment of the Circuit Court in this case for which it should be reversed.
The plaintiff was not the purchaser or owner of this bacon. If he had been, the delivery to the defendant, *93as a common carrier, for transportation to him, would have entitled him to its safe delivery; and neither A. G-. Henderson or the ' defendant could lawfully have changed its destination, or diverted it from him.
But here is a different case altogether. Henderson was the owner of the hacon, and' the plaintiff merely his factor to sell it on his account. It is not…
2Cases cited1 opinion
- Walter v. RossU.S. Circuit Court for the District of Pennsylvania · 1808