Legal Opinion

First National Bank v. Oregon-Washington Railroad & Navigation Co.

Idaho Supreme Court

Decided November 1, 1913PublishedCited by 6 opinions

APPEAL from the District Court of the Second Judicial District for the County of Nez Perce. Hon. Edgar C. Steele, Judge. An action to recover upon a bill of lading for breach of the provisions of the bill of lading.

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APPEAL from the District Court of the Second Judicial District for the County of Nez Perce. Hon. Edgar C. Steele, Judge. An action to recover upon a bill of lading for breach of the provisions of the bill of lading. The evidence shows that the substantial portion of the shipment of goods is now retained by the defendant in a public warehouse at Waco, Texas, ready for delivery upon surrender of the bill of lading, properly indorsed, but that this plaintiff and its assignor refuse to give disposition of the shipment and are now attempting to recover the full value of the consignment. The law is…

1Opinion of the CourtStewart, J.

The facts in this case are as follows: The Sprague Sanitary Preserving Company of Clarkston, Washington, and Lewiston, Idaho (hereafter referred to as the preserving company) consigned a shipment of canned goods moving from Lewiston, Idaho, to Waco, Texas, on July 6, 1912, on an order bill of lading to E. F. Drake & Co., at Waco, Texas. Immediately upon the presentation of the goods by the preserving company to the defendant for shipment the company presented the bill of lading to the plaintiff with two drafts signed by the preserving company attached thereto, aggregating the sum of…

2Cases cited14 opinions

  1. Furman v. . Union Pacific R.R. Co.New York Court of Appeals · 1887
  2. Wichita Savings Bank v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1878
  3. Gates v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1894
  4. Gulf, Colorado & Santa Fe Railway Co. v. Everett & LongCourt of Appeals of Texas · 1904
  5. Garden Grove Bank v. Humeston & Shenandoah R'y Co.Supreme Court of Iowa · 1885

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3Cited by6 opinions

  1. Pere Marquette Railway Co. v. J. F. French & Co.Supreme Court of the United States · 1921
  2. Turnbull v. Michigan Central RailroadMichigan Supreme Court · 1914
  3. Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
  4. Judson v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1915
  5. Southern Railway Co. v. Massee & Felton Lumber Co.Court of Appeals of Georgia · 1919

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

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