Legal Opinion

Sommer v. Cate

Supreme Court of Iowa

Decided July 12, 1867PublishedCited by 6 opinions

Appeal from Polk District Gowrt. Suit against defendant, a drayman, as common carrier. There was a demurrer to the petition, which was sustained. Plaintiff appeals.

1Opinion of the CourtCole, J.

*5861. Intoxication liquors: action for value: onus. *585The petition alleges that the defendant was acting as a drayman and common carrier of goods, etc., *586™ -^es Moines; that the defendant agreed, with the plaintiff, for a sufficient consideration, to carry} for the plaintiff, a barrel of whisky from the court-house to the Des Moines Yalley railroad depot in said city; that defendant received said barrel of whisky for the purpose of carrying the same; that defendant failed to deliver the same at said depot, or to return it to plaintiff, though demanded; that it was worth two hundred and fifty…

2Cases cited2 opinions

  1. Funk & Hardman v. IsraelSupreme Court of Iowa · 1858
  2. Bowen v. HaleSupreme Court of Iowa · 1857

3Cited by6 opinions

  1. Mechanics' Ins. Co. of Philadelphia v. C. A. Hoover Distilling Co.Court of Appeals for the Eighth Circuit · 1910
  2. Houston v. WaltonColorado Court of Appeals · 1912
  3. Walker v. ShookSupreme Court of Iowa · 1878
  4. McMillan v. TarashanskySupreme Court of Iowa · 1918
  5. Houston v. WaltonColorado Court of Appeals · 1912

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