Robinson, McLeod & Co. v. Memphis & Charleston R.
United States Circuit Court
On Demurrer. Plaintiff’s declaration, in its first count, claims damages for a failure to deliver in the city of New York 32 bales of cotton which the defendant corporation undertook to deliver by its bill of lading.
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On Demurrer. Plaintiff’s declaration, in its first count, claims damages for a failure to deliver in the city of New York 32 bales of cotton which the defendant corporation undertook to deliver by its bill of lading. The second count declares upon the special facts, which are stated to be that — - “ The plaintiffs are and were engaged in a general cotton commercial business in the city of New York; that one J. S. Chiles was a cotton buyer residing in tlie city of Jackson, Tennessee; that the defendant was a common carrier by land, with an office or agency in said city of Jackson; that the…
1Opinion of the Court
Hammond, D. J.
No technical objections'have been raised as to the form of any of the pleadings in this case, nor has the case been strictly argued on the facts as they appear by the pleadings. The difficulty is that the second and third pleas are not special pleas, stating the particular facts, and amount to no more than the general denial of the first, on which issue has been joined. Of course, if the bill of lading “was given, executed, and signed without authority from this defendant,” and the demurrer admits this, there can be no recovery in any view of the case; hut the allegation amounts…
2Cases cited39 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Vandewater v. MillsSupreme Court of the United States · 1857
- The DelawareSupreme Court of the United States · 1872
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- The ThamesSupreme Court of the United States · 1872
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3Cited by7 opinions
- The Capitaine FaureCourt of Appeals for the Second Circuit · 1926
- Hutchings v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1911
- Roy & Roy v. Northern Pacific Railway Co.Washington Supreme Court · 1906
- The Isola Di ProcidaDistrict Court, S.D. New York · 1902
- Cooper & Cooper, Inc. v. CameronCourt of Appeals for the Second Circuit · 1926
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