Hutchings v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Mason, J.:

Hutchings, Sealy & Co. brought action against the Missouri, Kansas & Texas Railway Company, alleging that the plaintiffs had advanced money upon certain bills of lading which the defendant had issued, by'its assistant general freight agent, without the actual receipt of the goods therein described, and asking judgment for the loss they had sustained in consequence thereof. Among other matters, the defendant in its answer set out that the bills of lading referred to were issued in Missouri, and that therefore the rights of the parties are…