Turner v. Huff
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The appellee contracted to “deliver” the goods. The bill of lading is a contract in writing, to be construed like all others, according to the legal import of its terms, and all antecedent agreements are merged and extinguished.
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APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The appellee contracted to “deliver” the goods. The bill of lading is a contract in writing, to be construed like all others, according to the legal import of its terms, and all antecedent agreements are merged and extinguished. Lawson on Gont. of Gar., sec. 11%; 16 Ohio, I¡,%1. Custom and usage cannot be resorted to to vary and contradict the terms of a bill of lading, but only to explain it when the contract is silent. 55 N. Y., 200; 23 How., 491 25 Barb., 16; Sandf. (N. Y.), 7; 30 Ala., 608 ; 5 ib., 498; 13 lad.,…
1Opinion of the CourtSmith, J.
Turner sued the owners of a steamboat for the value of a box of dry goods, which they had undertaken to carry, but had never delivered, as it was alleged. He recovered judgment before the justice of the peace, where his action was begun, but, an appeal having been taken, was defeated in the circuit court.
The bill of lading shows a contract of affreightment for the transportation of five boxes of boots and shoes, one package and one box of dry goods, from Fort Smith to Childer’s Station, in the Cherokee Nation, to be delivered to Turner on the levee. As Childer’s Station is four miles distant…
2Cited by8 opinions
- Illinois Central Railroad v. CarterIllinois Supreme Court · 1897
- Bell v. StateSupreme Court of Arkansas · 1910
- Continental Casualty Co. v. ErionSupreme Court of Arkansas · 1933
- Cruce v. Pierce Oil Corp.Court of Appeals for the Eighth Circuit · 1922
- Kentucky Home Life Insurance v. MosleySupreme Court of Arkansas · 1936
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