Famous Manufacturing Co. v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Clinton District Court. — HoN. ARTHUR P. Barker, Judge. AotioN for damages for wrongful conversion of merchandise shipped by the plaintiff over the defendant’s railway. The answer admitted the shipment and denied the conversion; the real question in the case being whether the defendant made an unauthorized delivery of the shipment at its destination to a third person.
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Appeal from Clinton District Court. — HoN. ARTHUR P. Barker, Judge. AotioN for damages for wrongful conversion of merchandise shipped by the plaintiff over the defendant’s railway. The answer admitted the shipment and denied the conversion; the real question in the case being whether the defendant made an unauthorized delivery of the shipment at its destination to a third person. At the close of the evidence, there was a directed verdict for the defendant, and the plaintiff appeals—
1Opinion of the CourtEvans, J.
— The material facts are undisputed. The shipment in question originated in Indiana with the Pennsylvania Railroad Company, and was billed for Fulton, Ill., over the railway of the defendant. It consisted of a “ power bale press ’ ’ of the value of $340, consigned by the plaintiff to itself as consignee, and bill of lading was issued accordingly. It arrived at its destination under a waybill containing the following *363notation: “Notify C. J. Bugbee.” This shipment was made by the plaintiff company in pursuance of a written order of purchase signed by Bugbee, which was as follows:
Dated at…
2Cases cited7 opinions
- First National Bank v. Mount Pleasant Milling Co.Supreme Court of Iowa · 1897
- Gates v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1894
- Anchor Mill Co. v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1897
- Chicago Packing & Provision Co. v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1897
- Dobbin v. Michigan Central R. R.Michigan Supreme Court · 1885
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3Cited by5 opinions
- Pere Marquette Railway Co. v. J. F. French & Co.Supreme Court of the United States · 1921
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- Hines v. ScottTexas Supreme Court · 1923
- Port Huron MacHinery Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1925
- SUTTON CORPORATION v. McMaken Transfer Co.Supreme Court of Kansas · 1951