Garden Grove Bank v. Humeston & Shenandoah R'y Co.
Supreme Court of Iowa
Afjjeal from Lucas District Gou/rt. The plaintiff seeks to recover of the defendant the sum of $550 which it advanced upon a bill of lading issued by the defendant upon the shipment of certain walnut lumber, and which bill of lading was assigned to the plaintiff.
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Afjjeal from Lucas District Gou/rt. The plaintiff seeks to recover of the defendant the sum of $550 which it advanced upon a bill of lading issued by the defendant upon the shipment of certain walnut lumber, and which bill of lading was assigned to the plaintiff. The right of action is based upon the claim that the defendant failed to comply with its contract of shipment, and by negligence delivered the lumber to parties not authorized to receive the same, by which plaintiff was damaged in the amount advanced, and interest. There was a trial by jury, and a verdict and judgment for the…
1Opinion of the CourtRothrook, J.
of goods: mi o£ lading: parol to vary terms of: acfvaneLgank money on to rely on written and printed terms. The facts necessary to a determination of the questions of law involved in the case are not disputed. They are as follows: One Henry Zohn was engaged m buying walnut logs and walnut lumher along the line of the railroad of the defendant, an(^ sl^PP™» the same to Chicago. About the twentieth day of August, 1881, he caused three cars to be loaded with said lumber, for shipment, at Yan Wert, a station on the defendant’s railroad. Zohn was indebted to Wells Bros, in the sum of $550 for this…
2Cases cited2 opinions
- City Bank v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1870
- Glidlen v. LucasCalifornia Supreme Court · 1857
3Cited by13 opinions
- First National Bank v. Mount Pleasant Milling Co.Supreme Court of Iowa · 1897
- Weyand v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Iowa · 1888
- Ratzer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Minnesota · 1896
- Anchor Mill Co. v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1897
- E. A. Higley & Co. v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1896
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