Anchor Mill Co. v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. William G. Thompson, Judge. Prior to October 6, 1894, the Anchor Mill Company, of Cedar Rapids, Iowa, had contracted with the Lacey Grain Company, of Sioux Palls, S. !)., for the purchase of four thousand bushels of wheat, which the latter company began shipping about September first, and on that day wrote to the plaintiff: “As cars of wheat are liable to arrive there ahead of draft, we inclose you an order on the agent to deliver you…
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Appeal from Linn District Court. — Hon. William G. Thompson, Judge. Prior to October 6, 1894, the Anchor Mill Company, of Cedar Rapids, Iowa, had contracted with the Lacey Grain Company, of Sioux Palls, S. !)., for the purchase of four thousand bushels of wheat, which the latter company began shipping about September first, and on that day wrote to the plaintiff: “As cars of wheat are liable to arrive there ahead of draft, we inclose you an order on the agent to deliver you grain billed to us without presentation of bill of lading.” The following is the order inclosed: “Sioux Falls, So. Dak.,…
1Opinion of the CourtLadd, J.
1 The main question to be determined in this case is whether the car load of wheat had been delivered to the plaintiff before the bill of lading was transferred to intervener. There is little or no conflict in the. evidence. The wheat was shipped by J. H. Denhart & Son, from Trosky, Minn., October 2, 1894, to the Lacey drain Company, .as consignee, at Cedar'Rapids, over the Burlington, Cedar Rapids & Northern Railway. The agent at Cedar Rapids had an order from the consignee to deliver all grain billed to it at Cedar Rapids to the plaintiff without presentation of the bill of lading. When the…
2Cases cited7 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Weyand v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Iowa · 1888
- Garden Grove Bank v. Humeston & Shenandoah R'y Co.Supreme Court of Iowa · 1885
- Haas v. Kansas City, Fort Scott & Gulf RailRoadSupreme Court of Georgia · 1888
- Independence Mills Co. v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bachant v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Lewis v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1914
- Rothchild Bros. v. Northern Pacific Railway Co.Washington Supreme Court · 1912
- Ensign v. Illinois Central RailroadAppellate Court of Illinois · 1913
- Anthony & Jones Co. v. New York Central & Hudson River RailroadNew York Court of Appeals · 1918
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