Pearce v. Wabash Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Franklin Ferris, Judge. (1) The Government of ■ the United States had, until the payment was made to it, a prior and paramount lien on the goods for the duty which Major Pearce has refused to pay. Overton on Liens, sec. 656, p. 709, and cases cited; Hodges v. Harris, 6 Pickering (Mass.) 360, sec. 3095, et seq.; R. S. of U. S. 1878, pp. 594, et seq.
Read the full summary
Appeal from St. Louis City Circuit Court. — Son. Franklin Ferris, Judge. (1) The Government of ■ the United States had, until the payment was made to it, a prior and paramount lien on the goods for the duty which Major Pearce has refused to pay. Overton on Liens, sec. 656, p. 709, and cases cited; Hodges v. Harris, 6 Pickering (Mass.) 360, sec. 3095, et seq.; R. S. of U. S. 1878, pp. 594, et seq. (2) The defendant has, also, a valid lien on the goods in question for the charges advanced by it to its connecting line, in tho usual course of business. Ray on Freight Carriers, sec. 102, p. 407,…
1Concurrence
*446SEPARATE CONCURRING OPINION.
GOODE, J.
I agree with Judge Bland. Plaintiff made a contract for the shipment of the goods’ in question in bond and under the seal of the American consul at Yokohama, for the purpose of preventing an inspection of them by customs officers until they arrived at St. Louis, the port of destination. The United States’ statutes gave him the right to ship them in that way. Both his statutory and contract rights were ignored by diverting them at St. Paul. The diversion was for the convenience of the Canadian Pacific Railway Company, merely, and is Pearce to be compelled…
2Cases cited2 opinions
- McFarland v. WheelerNew York Supreme Court · 1841
- Steamboat Virginia v. KraftSupreme Court of Missouri · 1857