Mellier v. St. Louis & New Orleans Transportation Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. Taking the goods out of bond and shipping them on an unbonded vessel constituted a conversion. — Ang. on Car., sects. 431-433. The acceptance of the wine “ for transportation in bond to St. Louis,” amounted to an express promise to so transport. — Story Eq. Jur., sect. 1041. The bill of lading is the representative of the goods. — Benj. on Sales, sects. 813 822, 864, note; 1 Sm. Ld. Cas. 400, 417, 421; Dav. Nat.
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Appeal from the St. Louis Circuit Court, Boyle, J. Taking the goods out of bond and shipping them on an unbonded vessel constituted a conversion. — Ang. on Car., sects. 431-433. The acceptance of the wine “ for transportation in bond to St. Louis,” amounted to an express promise to so transport. — Story Eq. Jur., sect. 1041. The bill of lading is the representative of the goods. — Benj. on Sales, sects. 813 822, 864, note; 1 Sm. Ld. Cas. 400, 417, 421; Dav. Nat. Bank v. Homeyer, 45 Mo. 145. The acceptance and dealing with the bill of lading was an acceptance of the goods.— Benj. on Sales,…
1Opinion of the CourtThompson, J.
The petition declares against the defendant as a common carrier of bonded goods, for the loss of certain packages of wine delivered to it at New Orleans, to be conveyed to the *282plaintiffs at St. Louis in bond. The answer is a general denial. A jury was waived, and the court, after hearing the evidence, ruled adversely to the plaintiffs upon a number of declarations of law submitted by them, and gave of its own motion a declaration of law, upon which the plaintiffs took a voluntary nonsuit, and, having moved the court unsuccessfully to set the same aside, have appealed to this court.
The…
2Cases cited6 opinions
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
- Goodrich v. . ThompsonNew York Court of Appeals · 1871
- Wilcox v. ParmeleeThe Superior Court of New York City · 1850
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3Cited by1 opinion
- State v. SchattMissouri Court of Appeals · 1908