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.
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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,…
1Opinion of the CourtBland, P. J.
Briefly stated, the facts are, respondent shipped in bond via the Canadian Pacific Eailway Company and its connecting steamship line, four boxes of curios from Yokohama, Japan, consigned to Wilfred Schade & Co., destination port of St. Louis, Missouri, and prepaid the freight charges for the entire route. Erom Yokohama the goods were carried by steamship to Vancouver, British Columbia, and there delivered to the Canadian Pacific Eailway Company and were by it placed in a bonded car, duly sealed. Eor its own convenience, without the knowledge or consent of the plaintiff or the consignee, the…
2Cases cited3 opinions
- Nines v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
- Richardson v. RichMassachusetts Supreme Judicial Court · 1870
- Steamboat Virginia v. KraftSupreme Court of Missouri · 1857
3Cited by1 opinion
- First National Bank v. Missouri Glass Co.Supreme Court of Missouri · 1912