Duholm v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Mower county to recover $100, the value of a vulcanizing outfit delivered to defendant.
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Action in the district court for Mower county to recover $100, the value of a vulcanizing outfit delivered to defendant. The defendant in its answer alleged that it was a corporation, engaged as a common carrier for hire, owning and operating, among others, a line of railroad extending' from Austin, Minnesota, to Terry, Montana; that on or about August 30, 1917, the parties entered into a written contract, whereby defendant agreed to deliver to one M. A. Miller at Terry, Montana, the freight described in the contract and that the contract had been fully and in all respects performed. The case…
1Opinion of the CourtHallam, J.
1. There is evidence to sustain the following facts:
On August 30, 1917, at Austin, Minnesota, plaintiff delivered to defendant, a vulcanizing outfit, to be transported to Terry, Montana. At the time the goods were so delivered plaintiff stated to defendant’s agent that he wanted them shipped C. O. D. one hundred dollars. The agent said: “All right, we can fix that up.” The agent then made out a bill of lading and handed it to plaintiff. Plaintiff asked if it wasn’t necessary to specify in the bill of lading the amount of one hundred dollars to be collected at the other end. The agent said:…
2Cases cited30 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
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- Chandler Motor Car Co. v. United Fruit Co.New York Supreme Court · 1926
- Placke v. White-Price Co.Supreme Court of Minnesota · 1930