Whittenton Manuf'g Co. v. Memphis & Ohio River Packet Co.
United States Circuit Court
On Demurrer. The plaintiff sued the defendants for damages to about 1,000 bales of cotton, alleged to have been caused by their negligence.
Read the full summary
On Demurrer. The plaintiff sued the defendants for damages to about 1,000 bales of cotton, alleged to have been caused by their negligence. Tlie third count of the declaration to which the demurrer—-quoted in the oninion of the court-—was taken is as follows: “Third,. And the plaintiff, the Whittenton Manufacturing Company, a corporation and a citizen, as aforesaid, complains of the defendants, the Memphis & Ohio Biver Packet Company and the Merchants’ Cotton Press & Storage Company, corporation and citizen, as aforesaid, for that, on, to-wit, the various dates stated below, the plaintiff,…
1Opinion of the CourtHammond, J.
When this case was before the court at a former day on a motion to replead, the motion was granted. Whittenton Manuf’g Co. v. Memphis & Ohio River Packet Co. 19 Fed. Rep. 273. To the declaration then filed the defendants demurred on several grounds, all of which have been cured by amendment, except one. This is: “Second, because said count does not make profert of the bill of lading alleged to have been executed by defendant.” The law of Tennessee on the subject of “profert” is peculiar. The Code enacts: “Profert shall be required as heretofore, and a demurrer may be filed for want thereof.”…
2Cases cited2 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Sneed and Others, in Error v. Wister and Others, in ErrorSupreme Court of the United States · 1823
3Cited by12 opinions
- Elder, Dempster & Co. v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1913
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Wardman v. HanlonDistrict Court, District of Columbia · 1922
- Healy-Tibbitts Construction Company v. Hawaiian Independent Refinery, Inc., Defendant/third-Party and Bechtel, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1982
- Aiken v. Southern Railway Co.Supreme Court of Georgia · 1903
7 more not listed; retrieve them via the Exa API.