Legal Opinion

King v. Barbarin

Court of Appeals for the Sixth Circuit

Decided March 5, 1917No. 3084PublishedCited by 7 opinions

In Error jto the District Court'of the.United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. Petition by George E. Barbarin and O. A. Beach, doing business as Barbarin & Beach, against Paul H. King and Dudley E. Waters, receivers of the Pere Marquette Railroad Company. There was an order allowing petitioners’ claim, and the receivers bring error.

1Opinion of the Court

KNAPPEN, Circuit Judge.

Defendants in error, wjiom we shall call petitioners, were in the grain and elevator business at Freeland, Mich. They sold to Botsford & Barrett, of Detroit, Mich., a carload of beans. On December 5, 1911, petitioners, under the direction of Bots-ford & Barrett shipped the beans, delivering the car to the Pere Marquette Railroad Company at Freeland, taking from the railroad’s agent a standard form original order bill of lading (the draft of which was sent by Botsford & Barrett to petitioners), acknowledging receipt of *305the car from the “owners.” The bill of lading showed…

2Cases cited16 opinions

  1. Atchison, Topeka & Santa Fe Railway Co. v. HaroldSupreme Court of the United States · 1916
  2. Friedlander v. Texas & Pacific Railway Co.Supreme Court of the United States · 1889
  3. Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
  4. Furman v. . Union Pacific R.R. Co.New York Court of Appeals · 1887
  5. The Carlos F. RosesSupreme Court of the United States · 1900

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3Cited by7 opinions

  1. Joseph Vogelsang and George Schmits, Co-Partners Doing Business Under the Firm Name and Style of White-House Bros. v. Delta Air Lines, Inc.Court of Appeals for the Second Circuit · 1962
  2. Griggs v. . York-Shipley, Inc.Supreme Court of North Carolina · 1948
  3. Winget v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1920
  4. Alderman Bros. Co. v. N.Y., N. H. H.R. Co.Supreme Court of Connecticut · 1925
  5. Louisville & Nashville Railroad v. Mengel Co.Court of Appeals of Kentucky (pre-1976) · 1927

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