Siggins v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action originally brought in a justice’s court to recover $10.89 alleged to have been paid the defendant as a freight overcharge upon a shipment of furniture from Thomasville, North Carolina, to Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action originally brought in a justice’s court to recover $10.89 alleged to have been paid the defendant as a freight overcharge upon a shipment of furniture from Thomasville, North Carolina, to Milwaukee. The following facts were stipulated by the parties: The plaintiff purchased the goods mentioned in the complaint from the Thomasville Furniture Company, Thomasville, North Carolina, about July 2, 1906, to be shipped to the plaintiff at Milwaukee. Thereupon the Thomasville Company delivered the…
1Opinion of the CourtVinje, J.
This action was originally begun in justice’s court to recover for a freight overcharge on an interstate shipment. The complaint and stipulated facts both show that such is the nature of the action, and that the overcharge was the result of the misrouting of the goods by the initial carrier. Plaintiff now claims that it is an action for money had and received and as such may be brought in the state courts. True, a specified sum of money is sought to be recovered from the defendant, but the complaint and stipulated facts show that such sum was exacted from plaintiff by reason of the failure of…
2Cases cited11 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Morrisdale Coal Co. v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1910
- Limited Investment Ass'n v. Glendale Investment Ass'nWisconsin Supreme Court · 1898
- A. J. Phillips Co. v. Grand Trunk Western Ry. Co.Court of Appeals for the Sixth Circuit · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Duffy v. ScottWisconsin Supreme Court · 1940
- Bichlmeir v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1915
- Baird Bros. v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1917
- Jensen v. MillerWisconsin Supreme Court · 1916
- Altschuler v. Atchison, Topeka & Santa Fe Railway Co.Wisconsin Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.