Southern Express Co. v. Craft
Mississippi Supreme Court
Error to the circuit court of Marshall county. Hon. 0. Davis, Judge. The facts in the case are sufficiently stated in the opinion of the court.
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Error to the circuit court of Marshall county. Hon. 0. Davis, Judge. The facts in the case are sufficiently stated in the opinion of the court. The following is the assignment of errors : 1. The court erred in overruling the motion of plaintiff in error for a new trial. ■2. The action was improperly brought in the name of Craft, the consignor, and should have been brought in the name of Duncan, the consignee. ■ 3. The court erred in giving charges numbered three and six, at the request of the plaintiff in the court below, now the defendant in error, We insist that the verdict of the jury in…
1Opinion of the Court
Tarbell, J.,
delivered the opinion of the court:.According to the'deolaration, the Southern Express Company, on the 22d day of December, 1861, undertook, at the request of Heber Craft, to carry $100.00 in money from Holly Springs, in this State, to Bowling Green, Kentucky, and there to deliver the same to J. D. Duncan, for the sum of $1.50, which was paid by Craft. And, on the 4th day of January, 1862, undertook to crrry $65.00 to the same point, and to deliver to the same party, for the further consideration of $1.50, which was also paid by Craft. At both the above dates the cars were running…
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