Legal Opinion

Wat v. Sherman

Montana Supreme Court

Decided May 23, 1904No. 1,868PublishedCited by 2 opinions

Appeal from, District Court, Silver Bow County j William Clancy, Judge. Action by Charles M. Way, doing business as the Minneapolis Bedding Company, against E-. H. Sherman and another, doing business as the Sherman Mattress Company, and another. Judgment for. plaintiff. From the judgment, and an order denying their motion for a new trial, defendants appeal.

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Appeal from, District Court, Silver Bow County j William Clancy, Judge. Action by Charles M. Way, doing business as the Minneapolis Bedding Company, against E-. H. Sherman and another, doing business as the Sherman Mattress Company, and another. Judgment for. plaintiff. From the judgment, and an order denying their motion for a new trial, defendants appeal. There cannot be a delivery of goods to a carrier without reasonable notice, and, “if goods are placed on his cart, boat 'or car without his knowledge or acceptance, or that of his agent, he is not liable.” (Illinois Central Ry. Co. v.…

1Opinion of the Court

MR. COMMISSIONER. CALLAWAY

prepared the following opinion for the court:

This action was brought to recover the sum of $218.86 for one carload of shoddy alleged to have been sold and delivered by plaintiff to defendants. It was. alleged that the shoddy was delivered to the defendants on board the cars of the Great Northern Railway Company at Minneapolis. Defendants denied the sale and delivery. The defendants did not receive the shoddy from the railway company. It seems that it was destroyed while in the company’s charge. B'y agreement of counsel the lower court referred the cause to J. L.…

2Cases cited3 opinions

  1. Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
  2. Hefferlin v. KarlmanMontana Supreme Court · 1903
  3. Lane v. BaileyMontana Supreme Court · 1904

3Cited by2 opinions

  1. Montana Livestock & Loan Co. v. StewartMontana Supreme Court · 1920
  2. Davey v. DaveyMontana Supreme Court · 1928

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