Missouri Pacific Railway Co. v. McFadden
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. The defendants in error (plaintiffs below) sued in the Circuit Court of Hunt County, Texas, to recover the value of two hundred bales of cotton, alleged to have been shipped from Greenville, Texas, to Liverpool, England, the shipments having been evidenced by two bills of lading, each for one hundred bales of cotton.
Read the full summary
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. The defendants in error (plaintiffs below) sued in the Circuit Court of Hunt County, Texas, to recover the value of two hundred bales of cotton, alleged to have been shipped from Greenville, Texas, to Liverpool, England, the shipments having been evidenced by two bills of lading, each for one hundred bales of cotton. On application of the defendant below, Uie case was removed to the Circuit Court of the United States for the Northern District of Texas. After filing the record in that court, the pleadings were…
1Opinion of the CourtJustice White
Many questions were discussed at bar which we deem it unnecessary to notice, as we consider that the whole case depends upon the correctness of the judgment of the court below in sustaining the exception to the first defence in the amended answer. That defen be averred that the cotton for which the bills of lading were issued was never delivered. to the carrier; that by a custom or course of dealing Between the carrier and the shipper it was understood by both parties that the cotton was not to be delivered at the time the bills of lading were issued, but was then in the hands of a compress…
2Cases cited7 opinions
- The DelawareSupreme Court of the United States · 1872
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Pollard v. VintonSupreme Court of the United States · 1882
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- Barron v. EldredgeMassachusetts Supreme Judicial Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. HaroldSupreme Court of the United States · 1916
- Louisville Trust Co. v. Louisville, N. A. & C. R. Co.Court of Appeals for the Sixth Circuit · 1896
- Pool v. Southern Pacific Co.Utah Supreme Court · 1899
- Republic Arloading and Distributing Co. v. Missouri Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1962
- Arthur v. Texas & Pacific Railway Co.Supreme Court of the United States · 1907
39 more not listed; retrieve them via the Exa API.