Rolla Produce Co. v. American Railway Express Co.
Missouri Court of Appeals
Appeal from Phelps County Circuit Court. — Hon, L. B. Woodside, Judge. (1) A shipment of goods by C. O. D., any failure of the common carrier to deliver the goods to the proper party, or to collect the amount due before delivery, makes the carrier guilty of conversion and liable to the shipper of the goods for the amount it contracted to collect. Brockman Com. Co. v. Mo. Pac. Ry.
Read the full summary
Appeal from Phelps County Circuit Court. — Hon, L. B. Woodside, Judge. (1) A shipment of goods by C. O. D., any failure of the common carrier to deliver the goods to the proper party, or to collect the amount due before delivery, makes the carrier guilty of conversion and liable to the shipper of the goods for the amount it contracted to collect. Brockman Com. Co. v. Mo. Pac. Ry. Co., 188 S. W. 920. (2!) The doctrine of ratification, of course, obtains with respect to cases of conversion against carriers as in other cases. But it is the rule in such cases that the consignor, before he can be…
1Opinion of the CourtSturgis, P. J.
By this suit plaintiff seeks to recover one thousand dollars damages for that defendant, a common carrier, delivered to the consignee a C. O. D. shipment of eggs without collecting that amount from the consignee as required by the terms of the shipping contract. The plaintiff was doing business at Rolla, Missouri, and there delivered to defendant fifty-seven cases of eggs to be transported and delivered to John B. Tyler & Company at Chicago under a contract requiring defendant to collect for plaintiff one thousand dollars on delivery of such eggs. The defendant admits receiving the eggs under…
2Cases cited5 opinions
- Rathbun v. . Citizens' Steamboat Co.New York Court of Appeals · 1879
- Beck v. HaasSupreme Court of Missouri · 1892
- Brady's adm'r v. Hill & KeeseSupreme Court of Missouri · 1823
- Fowler Commission Co. v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1903
- Witt v. RailroadTennessee Supreme Court · 1897
3Cited by11 opinions
- Cermetek, Inc., a Corporation v. Butler Avpak, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1978
- Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.New York Court of Appeals · 1928
- Jordan v. General Growth Development Corp.Missouri Court of Appeals · 1984
- Renshaw v. ReynoldsSupreme Court of Missouri · 1927
- Justin v. Delta Motor LineLouisiana Court of Appeal · 1949
6 more not listed; retrieve them via the Exa API.