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,…
1Dissent
DISSENTING OPINION.
BOND, J.
This action is not brought against a carrier for damages on account of loss or injury to goods occurring during their transportation. It is simply a suit to obtain possession of the goods, after their arrival at the point of destination, without paying to the delivering carrier the Government dues, for the importation of the goods, which were collected at the port of St. Paul and which the defendant, the last carrier, paid as advance charges in order to obtain the *448goods and carry them to their owner. The ground of refusal to refund this payment, relied upon by…
2Cases cited1 opinion
- Steamboat Virginia v. KraftSupreme Court of Missouri · 1857