Rudell v. Ogdensburg Transit Co.
Michigan Supreme Court
Error to Wayne; Carpenter, J. Case by James H. Rudell and another against the Ogdensburg Transit Company for the breach of a contract of carriage. From a judgment for defendant, plaintiffs bring error. Plaintiffs, commission merchants in Detroit, shipped a quantity of potatoes and onions by the defendant’s line to Chicago.
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Error to Wayne; Carpenter, J. Case by James H. Rudell and another against the Ogdensburg Transit Company for the breach of a contract of carriage. From a judgment for defendant, plaintiffs bring error. Plaintiffs, commission merchants in Detroit, shipped a quantity of potatoes and onions by the defendant’s line to Chicago. Plaintiffs had sold them to merchants in Chicago, at a certain price, provided they were delivered there by the 12th of July, 1894. This was during the great railroad strike, when prices for produce in Chicago were very high. Plaintiffs gave evidence tending to show that…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The jury settled the contract in behalf of the plaintiffs. The sole question, therefore, is the authority of defendant’s agent to make the contract. A shipping agent of a com- ' mon carrier has general authority to make all reasonable ■contracts of shipment. Any undisclosed limitation does not bind the shipper. Has such an agent authority to agree to deliver goods at the place of destination at a particular time ? Only when contracts are of an unusual and *570extraordinary character is the shipper put to inquiry as to the agent’s authority. Hutch. Carr. § 267; 5 Am. &…
2Cases cited1 opinion
- Foster v. Cleveland, C., C. & St. L. Ry. Co.U.S. Circuit Court for the District of Southern New York · 1893
3Cited by8 opinions
- McQuisten v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1907
- Hayes v. Wabash RailroadMichigan Supreme Court · 1910
- Stoner v. Chicago Great Western RailwaySupreme Court of Iowa · 1899
- Midland Valley R. Co. v. AdkinsSupreme Court of Oklahoma · 1912
- Midland Valley R. Co. v. GeorgeSupreme Court of Oklahoma · 1912
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