Southern Express Co. v. Grace
Mississippi Supreme Court
Appeal- from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by Mrs. M. A. Grace against the Southern Express Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We submit that instead of a peremptory instruction having' been given in behalf of appellee, directing a verdict and judgment in her behalf, the peremptory instruction asked by the appellant should have been given.
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Appeal- from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by Mrs. M. A. Grace against the Southern Express Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We submit that instead of a peremptory instruction having' been given in behalf of appellee, directing a verdict and judgment in her behalf, the peremptory instruction asked by the appellant should have been given. We call the attention of the court to the following Authorities: 2 Hutchinson on Carriers, section 733. “Consignee is entitled to an…
1Opinion of the CourtCook, J.
Mrs. Grace recovered a judgment against the Southern Express Company for the value of four dresses which she had made and shipped to the party for whom they were made. These goods were delivered to the driver of the express company’s wagon, with the injunction that the express company must not deliver to the consignee unless fifty-eight dollars was paid to the express company before delivery. The express company’s agent at Meridian, the place of shipment,marked the package C. O. D., meaning collect on delivery. When the package reached the point of destination, Boligee, Ala., the express…
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