Woolston v. Southern Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Eugene McQuillin, Judge. (1) The wrongful act of an agent in obtaining possession of a shipment without surrendering the bill of la,ding may be ratified by the principal, expressly or impliedly, and the objection to the amount of freight paid, together with the retention of the receipted freight bills, and the correction of a credit memo by the principal upon receiving said items in the settlement and statement of his broker or…
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Appeal from St. Louis City Circuit Court.—Hon. Eugene McQuillin, Judge. (1) The wrongful act of an agent in obtaining possession of a shipment without surrendering the bill of la,ding may be ratified by the principal, expressly or impliedly, and the objection to the amount of freight paid, together with the retention of the receipted freight bills, and the correction of a credit memo by the principal upon receiving said items in the settlement and statement of his broker or agent, constitute an implied ratification of acts of the agent or broker. (2) The plaintiff waived his claim against the…
1Opinion of the CourtNortoni, J.
This is a suit in trover as for conversion. Plaintiff recovered and defendant prosecutes the appeal.
*613The subject-matter of the conversion is three carloads of hay. Defendant is a common carrier of goods, and it appears that plaintiff is a dealer in hay, residing at Nokomis, Illinois, and as such consigned the three carloads of hay involved here to the Harriman Grain Company at Harriman, Tennessee, to whom lie liad sold it subject to inspection. The hay was shipped from Herrick, Illinois, in the latter part of October, 1907, to Harriman. After receiving the bills of lading for the three…
2Cases cited6 opinions
- Watson v. BigelowSupreme Court of Missouri · 1871
- Southern Railway Co. v. Kinchen & Co.Supreme Court of Georgia · 1897
- Nichols, Shepard & Co. v. KernMissouri Court of Appeals · 1888
- Shinn v. Guyton & Harrington Mule Co.Missouri Court of Appeals · 1904
- Bohlman v. RossiMissouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People's State Savings Bank v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1915
- Lusk v. Lawton Grain Co.Supreme Court of Oklahoma · 1918