Turnbull v. Michigan Central Railroad
Michigan Supreme Court
Error to Lapeer; Smith, J. Case by Elgin Turnbull and another, copartners under the firm name of the Turnbull Elevator Company, against the Michigan Central Railroad Com-, pany for the misdelivery of freight consigned with draft annexed to the bill of lading. Judgment for plaintiffs. Defendant brings error.
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Error to Lapeer; Smith, J. Case by Elgin Turnbull and another, copartners under the firm name of the Turnbull Elevator Company, against the Michigan Central Railroad Com-, pany for the misdelivery of freight consigned with draft annexed to the bill of lading. Judgment for plaintiffs. Defendant brings error. In this case a verdict was directed for the plaintiffs, the action being brought against the defendant as the initial carrier, under the Carmack amendment to the Hepburn act, for the wrongful delivery of 250 bags of beans by the terminal carrier, the Evansville & Terre Haute Railroad…
1Opinion of the CourtKuhn, J.
(after stating the facts). As a preliminary question it is contended that, the plaintiffs being copartners doing business as the Turnbull Elevator Company, there had not been a sufficient compliance with Act No. 101, Public Acts of 1907 (2 How. Stat. [2d Ed.] § 2626 et seq.), so as to permit plaintiffs to maintain this suit. Irrespective of whether there was in this case a sufficient compliance with the statute, we are of the opinion that the defendant is not in a position to urge this defense, as there was no notice to that effect given with the plea. This defense is clearly an affirmative…
2Cases cited14 opinions
- Cashin v. PliterMichigan Supreme Court · 1912
- Carlock v. CagnacciCalifornia Supreme Court · 1891
- California Savings & Loan Society v. HarrisCalifornia Supreme Court · 1896
- Reilly v. HathewayMontana Supreme Court · 1912
- Hale v. City Cab, Carriage & Transfer Co.Washington Supreme Court · 1912
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3Cited by18 opinions
- Gallafent v. TuckerIdaho Supreme Court · 1929
- Beamish v. NoonOregon Supreme Court · 1915
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- Herman H. Hettler Lumber Co. v. OldsCourt of Appeals for the Sixth Circuit · 1915
- People Ex Rel. McDonell v. Fidelity & Deposit Co.Michigan Supreme Court · 1925
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