Gifford v. Merchants' Despatch Transportation Co.
Supreme Court of Iowa
Appeal from Linn Circuit Court. . On the 29th day of September, 1871, I). G. Rawson & Co. delivered to the defendant at Worcester, Mass., for shipment, six cases of hoots consigned to the plaintiffs at Oedar Rapids, Iowa. A hill of lading, or shipping contract, was delivered by the agent of defendant to Rawson. & Oo., of which the following is a copy: ' . Merchants’ Despatch Transportation Company.
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Appeal from Linn Circuit Court. . On the 29th day of September, 1871, I). G. Rawson & Co. delivered to the defendant at Worcester, Mass., for shipment, six cases of hoots consigned to the plaintiffs at Oedar Rapids, Iowa. A hill of lading, or shipping contract, was delivered by the agent of defendant to Rawson. & Oo., of which the following is a copy: ' . Merchants’ Despatch Transportation Company. Fast freight line from New York, Boston., Albany, and all New England points, to the west, northwest and southwest, through without transfer, in cars owned and , controlled by the Company. New York…
1Opinion of the CourtRothrook, J.
I. A question is made as to the time at which the bill of lading was delivered to Rawson & Co. The actual delivery of the goods was made by one Henry, the drayman of Rawson & Co. He testifies that he asked for a bill of lading and it was delivered to him. We must assume from this that it was delivered at the time of the delivery of the goods to the defendant; and a delivery to the drayman of Rawson & Co. was equivalent to .a delivery to them.
a. common Kteiof eáf-" pnifdpTand agent. II. The plaintiffs further insist that the limitation in the contract as to loss by fire was not known to them…
2Cases cited2 opinions
- Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
- Mote v. Chicago & N. W. R. R.Supreme Court of Iowa · 1869
3Cited by23 opinions
- Watkins v. JunkerTexas Supreme Court · 1897
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
- Green-Wheeler Shoe Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
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