McEwen v. Jeffersonville, Madison, & Indianapolis Railroad
Indiana Supreme Court
APPEAL from the Bartholomew Common Pleas. This was an action by McEwen and Jones, bankers of' the city of Columbus, in Bartholomew county, against TheJeffersonville, Madison, and Indianapolis Railroad Company.. The complaint alleges, that on the 20th-day of August, 1867,. H. W. Comstock & Co., of the city of Indianapolis, entered into a contract with B. F. Jones & Co. for the purchase of eight hundred barrels of flour, known as B. F. Jones & Co’s.
Read the full summary
APPEAL from the Bartholomew Common Pleas. This was an action by McEwen and Jones, bankers of' the city of Columbus, in Bartholomew county, against TheJeffersonville, Madison, and Indianapolis Railroad Company.. The complaint alleges, that on the 20th-day of August, 1867,. H. W. Comstock & Co., of the city of Indianapolis, entered into a contract with B. F. Jones & Co. for the purchase of eight hundred barrels of flour, known as B. F. Jones & Co’s. XXXX, at eleven dollars per barrel; the flour to be delivered on cars at Columbus, in Bartholomew county, Indiana, and to be paid for on receipt of…
1Opinion of the CourtElliott, J.
The -contract of shipment, which is the basis •of the -complaint, is contained in the bill of lading, by which the appellee acknowledged the receipt of the flour from Jones & Co. and agreed to deliver it to Comstock & Co., at the -regular station at Indianapolis, on payment of freight “-and presentation of duplicate 'hereof” The latter •clause, which we have italicised, was inserted in the hill of lading by the appellee’s agent, at the instance of Jones & Co. The reason for which was, as alleged in the complaint, that Jones & Co. had previously contracted the flour to Comstock & Co., to he…
2Cases cited3 opinions
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Collins & Timberlake v. Union Transportation Co.Supreme Court of Pennsylvania · 1840
- Barker v. HavensNew York Supreme Court · 1819
3Cited by8 opinions
- Nebraska Meal Mills v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1897
- Millhiser Manufacturing Co. v. Gallego Mills Co.Supreme Court of Virginia · 1903
- Merchants Despatch & Transportation Co. v. MerriamIndiana Supreme Court · 1887
- Chicago & Northwestern Railway Co. v. QueenanNebraska Supreme Court · 1918
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SchaeferIndiana Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.