Legal Opinion

Southern Express Co. v. Barnes

Supreme Court of Georgia

Decided December 15, 1867PublishedCited by 7 opinions

Assumpsit, &c. Tried before Judge Gibson. Richmond Superior Court. -June adjourned Term, 1867. Barnes, as trustee for his wife, averred that on the-day of April, 1862, John Kerr, of Memphis, Tennesssee, delivered to the Southern Express Company at Memphis, (they being common carriers between Memphis and Augusta, Georgia,) a package containing $1,160.73, in Confederate States treasury notes, worth that sum of money, which were the property of Barnes’ wife, addressed to Dr. L.…

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Assumpsit, &c. Tried before Judge Gibson. Richmond Superior Court. -June adjourned Term, 1867. Barnes, as trustee for his wife, averred that on the-day of April, 1862, John Kerr, of Memphis, Tennesssee, delivered to the Southern Express Company at Memphis, (they being common carriers between Memphis and Augusta, Georgia,) a package containing $1,160.73, in Confederate States treasury notes, worth that sum of money, which were the property of Barnes’ wife, addressed to Dr. L. A. Dugas, Augusta, Georgia, for said wife; that they accepted it as common carriers, &c., but failed to deliver it, &c.…

1Opinion of the CourtWarner, C. J.

This case was argued in connection with the case of the Southern Express Company vs. Edward B. Purcell,* and the same question made in this case as in that, in regard to the receipt of the defendant, limiting his legal liability therein as a common carrier. The same ruling of the Court in that case applies to this case, and must be controlled by it, so far as that question is concerned. That being the only question involved in this case, the judgment of the Court below is affirmed.

Q. Y. — post.

2Cited by7 opinions

  1. Southern Express Co. v. HanawSupreme Court of Georgia · 1910
  2. Central Railroad v. HasselkusSupreme Court of Georgia · 1893
  3. Inman & Co. v. Seaboard Air Line Ry. Co.U.S. Circuit Court for the Southern District of Georgia · 1908
  4. Central Railroad v. Dwight Manufacturing Co.Supreme Court of Georgia · 1886
  5. American Railway Express Co. v. JonesCourt of Appeals of Georgia · 1922

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