Gallup v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Baxter Chancery Court; Lyman F. Reeder, Chancellor; reversed in part; 1. Appellant was entitled to recover for the excess passenger fares exacted not from Gallup himself hut from his traveling salesman, Tindell, as he furnished the money to pay their passenger fares, and the court erred in holding that only Tindell could recover for the excess passenger fare.
Read the full summary
Appeal from Baxter Chancery Court; Lyman F. Reeder, Chancellor; reversed in part; 1. Appellant was entitled to recover for the excess passenger fares exacted not from Gallup himself hut from his traveling salesman, Tindell, as he furnished the money to pay their passenger fares, and the court erred in holding that only Tindell could recover for the excess passenger fare. Gallup was the principal and Tindell only the agent; the principal was the real party in interest, and as the agent makes no claim, the principal was entitled to recover as upon a contract made by Gallup’s agent. 78 Ark. 241.…
1Opinion of the CourtHumphreys, J.
On October 28,1913, Howard H. Gallup brought suit against appellee in the Baxter Chancery Court to recover $1,000 for overcharges in passenger fare, and $5,000, overcharges in freight rates, alleged to have been unlawfully exacted from him during the period dating from September 3, 1908, to July 18, 1913. Tt was alleged that during that period, under an injunctive order of the United States District Court for the Eastern District of Arkansas, wrongfully procured by appellee, the rate for carrying passengers was raised from the lawful rate of two cents to the unlawful rate of three cents per…
2Cases cited2 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Chicago, Rock Island & Pacific Railway Co. v. Cunningham Commission Co.Supreme Court of Arkansas · 1917
3Cited by6 opinions
- Berthold-Jennings Lumber Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1935
- Smith v. WheatSupreme Court of Arkansas · 1931
- Middleton v. MiddletonSupreme Court of Arkansas · 1934
- Gage v. ChastainSupreme Court of Arkansas · 1931
- Gallup v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1923
1 more not listed; retrieve them via the Exa API.