Clubb v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — No». Jumes L. Fort, Judge. The live stock contract provides that notice in writing must be served on the defendant railroad corn-paying within one day after the delivery to the company at the stock yards, and a failure to do so would defeat any cause of action that might be brought by the plaintiff herein. Dawson v. Railway, 76 Mo. 514; McBeach v. Railway, 20 Mo. App. 445; ■ Brown v. Railroad, 18 Mo.
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Appeal from Stoddard Circuit Court. — No». Jumes L. Fort, Judge. The live stock contract provides that notice in writing must be served on the defendant railroad corn-paying within one day after the delivery to the company at the stock yards, and a failure to do so would defeat any cause of action that might be brought by the plaintiff herein. Dawson v. Railway, 76 Mo. 514; McBeach v. Railway, 20 Mo. App. 445; ■ Brown v. Railroad, 18 Mo. App. 568. The courts of .this State are uniform in their holding that where a party has by his course of action indicated that he is satisfied with the…
1Opinion of the CourtGoode, J.
(after stating the facts). — Against the judgment it is said the action will not lie in plaintiff's name, because the contract of shipment was between defendant and Shrene, and the latter alone could sue on it. No doubt Shrene might have sued (Atchison v. Railroad, 80 Mo. 213), but under the terms of the present bill of lading it is clear plaintiff, as the owner and person for whose benefit the contract was made, might sue. Shrene testified Clubb wrote him from somewhere to send the car to the Keyes Commission Company at East St. Louis and he (Shrene) signed up the contract as agent of Clubb.…
2Cases cited4 opinions
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Briggs v. MunchonSupreme Court of Missouri · 1874
- Atchison v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- Bank of Odessa v. JenningsMissouri Court of Appeals · 1885
3Cited by2 opinions
- Bennett v. Chicago, Rock Island & Pacific RailroadMissouri Court of Appeals · 1910
- Bliss v. Southern Pacific Co.California Court of Appeal · 1918