St. Louis, Iron Mountain & Southern Railway Co. v. Bankers Surety Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; STATEMENT BY THE COURT. This is an action on a bond given to the St. Louis, Iron Mountain & Southern Railway Company by the Brook-Raueh Mill & Elevator Company, as principal, and the Bankers’ Surety Company, as surety, to obtain deliveries of 'shipments of goods in advance of a surrender of the bills of lading therefor.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; STATEMENT BY THE COURT. This is an action on a bond given to the St. Louis, Iron Mountain & Southern Railway Company by the Brook-Raueh Mill & Elevator Company, as principal, and the Bankers’ Surety Company, as surety, to obtain deliveries of 'shipments of goods in advance of a surrender of the bills of lading therefor. The bond, which was in the penal sum of ten thousand dollars, was conditioned as follows: “The conditions of the foregoing obligation are such that, whereas, shipments of goods and property transported by…
1Dissent
DISSENTING OPINION.
McCulloch, C. J.
It is conceded that the liability of the surety depends upon the solution of the question whether or not the contract of suretyship falls within the provision of the statute which authorizes the carrier to surrender the consignment of freight without surrender of the bill of lading. This is so because the surety can not be held liable if the contract involves the doing of an act which is prohibited by law and made a criminal offense by, the statute of the State. The test is, primarily, whether or not the carrier violated the terms of the statute by making a…
2Cases cited5 opinions
- Furman v. . Union Pacific R.R. Co.New York Court of Appeals · 1887
- Nebraska Meal Mills v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1897
- Arkansas Southern Railway Co. v. German National BankSupreme Court of Arkansas · 1906
- M. & L. R. R. R. v. FreedSupreme Court of Arkansas · 1882
- Gillespie v. WinbergNew York Court of Common Pleas · 1872