Legal Opinion

Tallahatchie Compress & Storage Co. v. Hartshorn

Mississippi Supreme Court

Decided March 15, 1921No. 21652PublishedCited by 10 opinions

Appeal from circuit court of Leflore couhty. Hon. S. F. Davis, Judge. Action by Mrs. J. B. Hartshorn against the Tallahatchie Compress & Storage Company. Judgment for plaintiff, and defendant appeals. The warehouse receipt in this case is the written contract and the sole evidence of the contract, and affirmatively exempts the defendant from liability for fire. The adjudications are not altogether clear as to the legal effect of a warehouseman’s receipt.

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Appeal from circuit court of Leflore couhty. Hon. S. F. Davis, Judge. Action by Mrs. J. B. Hartshorn against the Tallahatchie Compress & Storage Company. Judgment for plaintiff, and defendant appeals. The warehouse receipt in this case is the written contract and the sole evidence of the contract, and affirmatively exempts the defendant from liability for fire. The adjudications are not altogether clear as to the legal effect of a warehouseman’s receipt. By statute in many states, and especially in Mississippi (sec. 2295, Code of 1906), a warehouse receipt is made conclusive evidence in the…

1Opinion of the CourtSykes, J.

The appellee, Mrs. Hartshorn, plaintiff in the circuit court, sued the appellant compress company for the value *672of seventy-four bales of cotton destroyed by fire. Tbe declaration contained three counts. The first count alleged that the defendant had agreed with plaintiff to store her cotton in the brick compartment of the defendant’s warehouse, and breached this agreement and stored the cotton in the wooden compartment, and that while the cotton was in the wooden compartment it was totally destroyed by fire. The second count alleged that plaintiff had been a customer of the defendant for…

2Cases cited7 opinions

  1. Baum v. LynnMississippi Supreme Court · 1895
  2. Mortimer v. . OttoNew York Court of Appeals · 1912
  3. McCurdy v. Wallblom Furniture & Carpet Co.Supreme Court of Minnesota · 1905
  4. Wiley v. LockeSupreme Court of Kansas · 1909
  5. Merchants' Wharfboat Ass'n v. WoodMississippi Supreme Court · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. E. L. Baker and R. L. Price v. Howard G. NasonCourt of Appeals for the Fifth Circuit · 1956
  2. Nathan v. Tremont Storage Warehouse, Inc.Massachusetts Supreme Judicial Court · 1951
  3. Miller v. Bank of Holly SpringsMississippi Supreme Court · 1922
  4. Williams v. Gallagher Transfer & Storage Co.Supreme Court of Louisiana · 1930
  5. Barrett v. FreedDistrict of Columbia Court of Appeals · 1943

5 more not listed; retrieve them via the Exa API.

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