Sisson v. Cleveland & Toledo Railroad
Michigan Supreme Court
Error to Lenawee Circuit. This was an action of assumpsit, brought in the Court below against the defendants as common carriers, upon a special contract for the transportation of a lot of beef cattle from Toledo to Buffalo, on their way to the market at Albany or New York. The evidence showed that the defendants were several Railroad Companies, owning severally different portions of the continuous line of transportation from Toledo to Buffalo.
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Error to Lenawee Circuit. This was an action of assumpsit, brought in the Court below against the defendants as common carriers, upon a special contract for the transportation of a lot of beef cattle from Toledo to Buffalo, on their way to the market at Albany or New York. The evidence showed that the defendants were several Railroad Companies, owning severally different portions of the continuous line of transportation from Toledo to Buffalo. The contract sued upon was in writing, and signed by the defendants jointly. Evidence was given to prove that the cattle were shipped by the plaintiffs…
1Opinion of the Court
Cooley J.
The Circuit Judge erred in charging that the action could not be brought in the name of the plaintiffs, but should have been in that of John L. Perkins. The written contract was made with these plaintiffs, and a court of law can only look at the promissors and promissees as the parties in legal interest, and is not at liberty to govern its action by questions of equitable right. — Litchfield v. Garratt, 10 Mich. 426; United States v. Parmele, 1 Paine, C. C. Rep. 252. The case is analogous to that where an agent enters into a written contract for his principal in his own name, and…
2Cases cited4 opinions
- Wibert v. New York & Erie Rail RoadNew York Supreme Court · 1854
- Newcomb v. ClarkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Conger v. Hudson River RailroadThe Superior Court of New York City · 1857
- Litchfield v. GarrattMichigan Supreme Court · 1862
3Cited by54 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- McKelvey v. Ches. & Ohio R'y Co.West Virginia Supreme Court · 1891
- Evans v. MoseleySupreme Court of Kansas · 1911
- Merkle v. Township of BenningtonMichigan Supreme Court · 1885
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