Legal Opinion

American Airlines, Inc. v. Swest, Inc.

Texas Supreme Court

Decided April 16, 1986No. C-4439PublishedCited by 32 opinions

1Opinion of the Court

ROBERTSON, Justice.

This is a case involving the standard of care imposed upon a carrier when collecting payment for a C.O.D. shipment. American Airlines delivered two separate shipments for Swest, Inc., to Swest’s consignee, Scott Barter. Barter tendered forged certified checks to American in exchange for the goods. Swest then sued American for breach of the C.O.D. contract and negligence in failing to verify the certified checks before delivering the goods.

Based upon the jury’s answers to special issues, the trial court rendered judgment in favor of American and awarded American reasonable…

2Cases cited7 opinions

  1. Johnson v. Universal Life & Accident InsuranceTexas Supreme Court · 1936
  2. Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.New York Court of Appeals · 1928
  3. Mundy v. Knutson Construction CompanyTexas Supreme Court · 1956
  4. Tomlinson v. JonesTexas Supreme Court · 1984
  5. Duderstadt Surveyors Supply, Inc. v. Alamo Express, Inc., Texas Court of Appeals, 4th District (San Antonio)1985

2 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. In re Nalle Plastics Family Ltd. PartnershipTexas Supreme Court · 2013
  2. Skipper Marine Electronics, Inc. v. United Parcel Service, Inc.Appellate Court of Illinois · 1991
  3. Leon Springs Gas Co. v. Restaurant Equipment Leasing Co., Texas Court of Appeals, 4th District (San Antonio)1997
  4. Garcia v. National Eligibility Express, Inc., Texas Court of Appeals, 1st District (Houston)1999
  5. National Diamond Syndicate, Inc., Cross-Appellant v. United Parcel Service, Inc., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1990

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