Rosenberger v. Pacific Express Co.
Supreme Court of Missouri
Appeal from Jackson Circnit Court. — Hon,'Walter A. Powell, Judge, (1) There was no common law duty or obligation enjoined by law upon defendants to carry plaintiff’s liquors on the C. O. D. plan. McFichols v. Express Co., 12 Mo. App. 401; Fowler Com. Co. v. Railroad, 98 Mo.
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Appeal from Jackson Circnit Court. — Hon,'Walter A. Powell, Judge, (1) There was no common law duty or obligation enjoined by law upon defendants to carry plaintiff’s liquors on the C. O. D. plan. McFichols v. Express Co., 12 Mo. App. 401; Fowler Com. Co. v. Railroad, 98 Mo. App. 210; Danciger v. Express Co., 154 Fed. 379. (2) The act of the Texas legislature, passed February 12, 1907, completely released defendants from their obligations to perform1 the C. O. D'. contract, inasmuch as performance was rendered impossible by that act. Sauner v. Phoenix Ins. Co., 41 Mo. App. 480; 9 Cyc. Law &…
1Opinion of the Court
WOODSON, J. —
This is a suit in conversion. The facts are undisputed and are briefly as follows:
The plaintiff, at all the times hereinafter mentioned, was a wholesale liquor dealer in Kansas City, Missouri, transacting business in the ordinary manner throughout the United States; and the defendant, the Pacific Express Company, a common carrier, was during said times engaged in carrying express matters throughout the United States, and especially from the State of Missouri to the State of Texas.
That shortly prior to February 12, 1907, the plaintiff delivered to the defendant, express prepaid,…
2Cases cited10 opinions
- Stone v. MississippiSupreme Court of the United States · 1880
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- American Express Co. v. IowaSupreme Court of the United States · 1905
- Heyman v. Southern Railway Co.Supreme Court of the United States · 1906
- Norfolk & Western Railway Co. v. SimsSupreme Court of the United States · 1903
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3Cited by2 opinions
- Danciger v. American Express Co.Missouri Court of Appeals · 1915
- Shannon v. HinesMissouri Court of Appeals · 1920