Legal Opinion

Atchison, Topeka & Santa Fe Railway Co. v. Schriver

Supreme Court of Kansas

Decided January 6, 1906No. 14,394PublishedCited by 6 opinions

Error from Marion district court; R. L. King, judge.

1Opinion of the Court

The opinion of the court was delivered by

Burch, J.:

On September 22, 1903, the plaintiff delivered to the defendant at Florence a car-load of flour for shipment, consigned to “shipper’s order; notify D. B. Kirk & Co., Kansas City, Mo.” On the following day the plaintiff drew on Kirk & Co. for the price of the flour, attaching the bill of lading to the draft. On September 25 the draft was dishonored on account of a claimed defect in the quality of the flour. The plaintiff then recalled the draft and bill of lading, and took the bill of lading to the defendant’s agent at Florence and ordered the…

2Cases cited5 opinions

  1. Wetherbee v. GreenMichigan Supreme Court · 1871
  2. Mahoney v. DankwartSupreme Court of Iowa · 1899
  3. Pulcifer v. PageSupreme Judicial Court of Maine · 1851
  4. Arnott v. Kansas Pacific Rly. Co.Supreme Court of Kansas · 1877
  5. Hamilton v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1897

3Cited by6 opinions

  1. Strickland Transp. Co., Inc. v. American Distributing CoCourt of Appeals for the Fifth Circuit · 1952
  2. Central of Georgia Railway Co. v. CouncilSupreme Court of Georgia · 1927
  3. Bancroft Steel Co. v. Kuniholm Mfg. Co.Massachusetts Supreme Judicial Court · 1938
  4. Norfolk & Western Railway Co. v. AylorSupreme Court of Virginia · 1929
  5. Lake Shore & Michigan Southern Railway Co. v. W. H. McIntyre Co.Indiana Court of Appeals · 1915

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