J. W. Moore & Son v. Henry
Missouri Court of Appeals
Error to Harrison. Circuit Court, Hon. John C. Howell, J. Statement of case by the court. This action of replevin was tried by the court without a jury and without instructions, upon the following agreed statement of facts : That some time in November, 1880, plaintiffs .ordered the bill of goods, mentioned in the petition, to be sent from his wholesale merchant, Quincy, Illinois, by rail to Princeton, Mo.; that wholesale merchant placed said goods in the boxes and placed…
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Error to Harrison. Circuit Court, Hon. John C. Howell, J. Statement of case by the court. This action of replevin was tried by the court without a jury and without instructions, upon the following agreed statement of facts : That some time in November, 1880, plaintiffs .ordered the bill of goods, mentioned in the petition, to be sent from his wholesale merchant, Quincy, Illinois, by rail to Princeton, Mo.; that wholesale merchant placed said goods in the boxes and placed on-said boxes the directions and figures, the following, to-wit: “J. W. Moore & Son, Eagleville, Mo., via Keokuk to…
1Opinion of the Court
Opinion by
Ellison, J.
The agreed statement of facts is to be taken as a special verdict, and everything necessary to sustain the judgment must clearly appear in the statement. Hughes v. Moore Adm'r, 17 Mo. App. 148.
It will be noticed that plaintiffs only directed their wholesale merchant and consignor to ship the goods by way of Keokuk to Princeton. It does not appear that the railway company knew of such direction unless it be said that the mark on .the boxes was a controlling direction as to the shipment. The bill of lading called for a delivery of the goods to “ John W. Moore & Son, Eagle-*41vi…
2Cases cited4 opinions
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- O'Bryan v. KinneySupreme Court of Missouri · 1881
- Wells v. ThomasSupreme Court of Missouri · 1858
- Hughes v. MooreMissouri Court of Appeals · 1885
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- Goben v. MurrellMissouri Court of Appeals · 1916
- Atchison, T. & S. F. Ry. Co. v. BellSupreme Court of Oklahoma · 1912
- Wichita Poultry Co. v. Southern Pacific Railway Co.Missouri Court of Appeals · 1917
- Smith v. Hannibal St. Joseph RailroadMissouri Court of Appeals · 1892