Smith v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The local agent of a common carrier has no authority to bind the carrier by the issue of the bill of lading when the property is not in the possession of the carrier. Bank v. Laveille, 52 Mo. 380; Schooner Freeman, 18 How. 182; Grant v. Norway, 2 Eng. Law and Eq. 337; Hubbersty v. Ward, 8 Exch. 330; 1 Parsons, Mart.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The local agent of a common carrier has no authority to bind the carrier by the issue of the bill of lading when the property is not in the possession of the carrier. Bank v. Laveille, 52 Mo. 380; Schooner Freeman, 18 How. 182; Grant v. Norway, 2 Eng. Law and Eq. 337; Hubbersty v. Ward, 8 Exch. 330; 1 Parsons, Mart. Law, 135; R;y v. Knight, 122 U. S. 86, 87; Pollard v. Yinton, 105 U. S. 7; R. R. v. Wilkins, 44 Md. 11; Miller v. R. R., 90 N. Y. 430; Lady Franklin, 8 Wall. 328; Block v. R’y, 92 N. C. 42; 2 Daniel on Neg.…
1Opinion of the CourtEllison, J.
— The present action is for damages in which plaintiff had judgment below.
statement. It appears from the evidence that defendant’s agents at Kansas City on two occasions issued to one Nathan, at Kansas City, a bill of lading for a car load of grain whereby it was stated in each that defendant had received said grain to be transported “to Memphis, Tennessee, and delivered to the consignees or a connecting common carrier.” In neither instance, at the issuance of the bill of lading was the grain actually shipped and on board the cars of defendant, as it is provided it shall be by sections 743…
2Cases cited16 opinions
- The DelawareSupreme Court of the United States · 1872
- Pollard v. VintonSupreme Court of the United States · 1882
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- Bank of Batavia v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- Griswold v. . HavenNew York Court of Appeals · 1862
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3Cited by7 opinions
- Donovan v. P. Schoenhofen Brewing Co.Missouri Court of Appeals · 1902
- Hutchings v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1911
- Lindhorst v. St. Louis Protestant Orphan AsylumSupreme Court of Missouri · 1910
- Roy & Roy v. Northern Pacific Railway Co.Washington Supreme Court · 1906
- Pioneer Trust Co. v. Nashville, Chattanooga & St. Louis RailroadMissouri Court of Appeals · 1920
2 more not listed; retrieve them via the Exa API.