Guesnard v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarke. This action for the recovery of personal property in specie was lirought by Theodore Guesnard, against the Louisville & Nashville Bailroad Company, and was commenced on the 27th March, 1882. The property sued for was described in the complaint as “ two cases, containing two hundred and one-half dozen small boxes of guava jelly, and one case containing 6,000 cigars,” which the plaintiff had imported…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarke. This action for the recovery of personal property in specie was lirought by Theodore Guesnard, against the Louisville & Nashville Bailroad Company, and was commenced on the 27th March, 1882. The property sued for was described in the complaint as “ two cases, containing two hundred and one-half dozen small boxes of guava jelly, and one case containing 6,000 cigars,” which the plaintiff had imported from Havana, through the port of New Orleans, and which were detained and held by the defendant, as a common carrier,…
1Opinion of the CourtSomeryille, J.
— The action is one of detinue for certain articles of merchandise imported from Cuba to the port of New Orleans, and transported thence to Mobile by the defendant, in the capacity of a common carrier. The plaintiff, Guesnard, who was the owner of the goods, tendered to the carrier all dues for freight and storage, but declined to pay the custom-house duties, and'other charges incurred in entering the goods at New Orleans, upon the ground that he had a right to settle these charges at Mobile, the port of destination, and the defendant had no authority to settle them for him at New Orleans,…
2Cases cited2 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Harris v. DennieSupreme Court of the United States · 1830
3Cited by9 opinions
- Rector v. StateAlabama Court of Appeals · 1914
- Fletcher v. StateSupreme Court of Alabama · 1914
- Maxwell Planting Co. v. A. P. Loveman Co.Supreme Court of Alabama · 1924
- White v. Sheffield & Tuscumbia Street Railway Co.Supreme Court of Alabama · 1890
- Railway Co. v. LearSupreme Court of Arkansas · 1891
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