Gibson v. Inman Packet Co.
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; B. E. Jeffery, Judge; This case comes within the exception to the general rule that delivery to the carrier is delivery to the consignee, viz: Where there is something remaining to he done in order to complete the sale, the title to the property remains in the. vendor, and where the vendor undertakes to make delivery at a distant point, he assumes the risk of the carriage, and the title to the property will not pass until…
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Appeal from Lawrence Circuit Court, Eastern District; B. E. Jeffery, Judge; This case comes within the exception to the general rule that delivery to the carrier is delivery to the consignee, viz: Where there is something remaining to he done in order to complete the sale, the title to the property remains in the. vendor, and where the vendor undertakes to make delivery at a distant point, he assumes the risk of the carriage, and the title to the property will not pass until delivery is actually made. 32 Md. 344; 3 Am. Rep. 177-180; 103 Ala. 671; 49 Am. St. Rep. 60; 56 N. J. L. 617; 26 Am.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by plaintiff, John K. Gibson, against F. L. Inman, who is operating a steamboat under the name of Inman Packet Company, to recover on account of injuries to a consignment of sixty-five bales of cotton delivered to defendant for transportation from Lauratown, Arkansas, to Newport, Arkansas.
It is alleged in the complaint that servants of the defendant, in loading the cotton from the bank on to the boat, rolled it into the river and that it became water-soaked to the extent that it was seriously depreciated in value and was rejected by the consignee at Newport with…
2Cases cited10 opinions
- Capehart v. Furman Farm Improvement Co.Supreme Court of Alabama · 1893
- Crutcher v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. CumbieSupreme Court of Arkansas · 1911
- Chicago, Rock Island & Pacific Railway Co. v. MilesSupreme Court of Arkansas · 1909
- Rosenthal Bros. v. Kahn Bros.Oregon Supreme Court · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Falls Industries, Inc. v. Consolidated Chemical Industries, Inc., and D. C. Hall Transport, Inc.Court of Appeals for the Fifth Circuit · 1958
- Kansas City Southern Railway Co. v. MabrySupreme Court of Arkansas · 1914
- Franks v. StateCourt of Criminal Appeals of Texas · 1940
- Warren & Ouachita Valley Railway Co. v. Southern Lumber Co.Supreme Court of Arkansas · 1914
- Georgia Marble Finishing Works v. MinorSupreme Court of Arkansas · 1917
12 more not listed; retrieve them via the Exa API.