St. Louis Southwestern Ry. Co. v. Browne Grain Co.
Court of Appeals of Texas
Appeal from Collin County Court; H. L. Davis, Judge. Action by the St. Louis Southwestern Railway Company against C. Y. Browne and another, doing business under the name of the Browne Grain Company. From a judgment of dismissal, plaintiff appeals. This suit was commenced in a justice court July 5, 1910. Appellant was the plaintiff.
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Appeal from Collin County Court; H. L. Davis, Judge. Action by the St. Louis Southwestern Railway Company against C. Y. Browne and another, doing business under the name of the Browne Grain Company. From a judgment of dismissal, plaintiff appeals. This suit was commenced in a justice court July 5, 1910. Appellant was the plaintiff. It sought a recovery of $44.38, which it alleged to be due it by appellees, C. V. and E. P. Browne, who did business under the name of “Browne Grain Company,” as freight on a shipment made November 18, 1907, and a shipment made December 28, 1907. April 4, 1911,…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). We are of the opinion the petition does not state a cause of action against appellees, and that the judgment therefore should be affirmed, without inquiry as to whether, if it did state a cause of action, the statute of limitations of two years would be applicable to it or not.
[1] It appears from the allegations that appellees bought the corn of the. consignors thereof f. o. b. the cars at the points where the shipments originated. It further appears that bills of lading covering the shipments, containing a stipulation that “the owner or consignee should…
2Cases cited1 opinion
- Ewing v. DuncanTexas Supreme Court · 1891
3Cited by7 opinions
- Provident Life & Accident Ins. Co. v. JohnsonCourt of Appeals of Texas · 1921
- Wall v. Royal Indemnity Co.Court of Appeals of Texas · 1927
- Chesapeake & Ohio Railway Co. v. Southern Coal, Coke & Mining Co.Appellate Court of Illinois · 1929
- Chicago, Indiana & Southern Railroad v. D. E. McMillan & Brother Coal Co.Appellate Court of Illinois · 1917
- Ball v. Bankers Life Co.Court of Appeals of Texas · 1937
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