M. & L. R. R. R. v. Freed
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. STATEMENT. Freed, a merchant at Dardanelle, ordered of Walker Bros. & Co.,merchants at St. Louis and Memphis,a bill of dry goods. Walker, Bros. & Co. transmitted the- order to Lehman, Abrahams & Co., merchants at New Orleans, with directions to ship the goods to Freed, at Dardanelle, and send the invoice and bill of lading to them.
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APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. STATEMENT. Freed, a merchant at Dardanelle, ordered of Walker Bros. & Co.,merchants at St. Louis and Memphis,a bill of dry goods. Walker, Bros. & Co. transmitted the- order to Lehman, Abrahams & Co., merchants at New Orleans, with directions to ship the goods to Freed, at Dardanelle, and send the invoice and bill of lading to them. Lehman, Abrahams & Co., tilled the order and shipped the goods to Freed, by way of Hopefield; charged them to Walker, Bros. & Co., and sent the invoice and bill of lading to them, and they charged…
1Opinion of the CourtEakin, J.
There was no error in admitting- the testimony of plaintiff, Freed, to show that he had ordered the goods-from Walker Bros. & Co. The right of stoppagé in transitu does not arise from any contract between the parties. It is a commercial right, arising from the circumstances ; and it-is competent to show the facts. The fact intended to be shown, by this testimony, was, that the plaintiff, Freed, to whom the goods were shipped, was the real owner, by purchase from Walker Bros. & Co., and that the goods were not shipped to him, as the agent of Walker Bros. & Co., who ordered them from the New…
2Cases cited1 opinion
- Eaton v. CookSupreme Court of Vermont · 1859
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- Mo. Pac. Rd. Co., Thompson, Tr. v. ClaySupreme Court of Arkansas · 1944
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