Southern Express Co. v. Moon
Mississippi Supreme Court
Error to tbe Circuit Court of Madison county. Hon. B. S. Hudson, judge. 1. Tbe plaintiff' below was bound by tbe contract made and received by Ms agent. A notice known, to tbe agent of tbe owner of tbe goods is notice to the owner, notwithstanding be is personally ignorant of such, notice.
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Error to tbe Circuit Court of Madison county. Hon. B. S. Hudson, judge. 1. Tbe plaintiff' below was bound by tbe contract made and received by Ms agent. A notice known, to tbe agent of tbe owner of tbe goods is notice to the owner, notwithstanding be is personally ignorant of such, notice. Angelí on Carriers, 253, 254, and cases cited in note 1. And so, of course, would the contract of the agent be tbe contract of the owner. , 2. The receipt is a special contract between the parties. It is perfectly well settled in England that a carrier may limit his responsibility by a special acceptance.…
1Opinion of the CourtHarris, J.
The defendant in error purchased a barrel of whiskey from Burton, Titus & Co. at Sardis, Miss., and instructed them to ship it to Canton, Miss., by express. This they did, taking from the company a receipt in the following words:
“ Southern Express Company, Successor to Adams’ Express Co. Sardis, May 31si, 1862.
“Received of Burton, Titus & Co., one barrel whiskey, valued under fifty dollars, unless otherwise herein stated, marked R. A. Moon, care of W. E. Daucey, Canton, Miss., which is mutually agreed is to be forwarded to our agency nearest or most convenient to destination only, and there…
2Cases cited1 opinion
- Cole v. Goodwin & StoryNew York Supreme Court · 1838
3Cited by22 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Va. & Tenn. R. R. v. SayersSupreme Court of Virginia · 1875
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
- Missouri, Kansas & Texas Railway Co. v. CarterCourt of Appeals of Texas · 1895
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