Legal Opinion

Gifford v. Merchants' Despatch Transportation Co.

Supreme Court of Iowa

Decided April 3, 1877PublishedCited by 23 opinions

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

  1. Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
  2. Mote v. Chicago & N. W. R. R.Supreme Court of Iowa · 1869

3Cited by23 opinions

  1. Watkins v. JunkerTexas Supreme Court · 1897
  2. W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
  3. Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
  4. Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
  5. Green-Wheeler Shoe Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906

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