Landa v. Holck & Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The garnishee, the Missouri, Kansas & Texas Railway Company, is not liable to garnishment on account of articles delivered to it for transportation.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The garnishee, the Missouri, Kansas & Texas Railway Company, is not liable to garnishment on account of articles delivered to it for transportation. Hutchison on Carriers [2 Ed.], secs. 402, 403; Waples on Attachment, 601; Bates v. Railway, 60 Wis. 289; Railroad v. Coll, 48 111. 402; Painter v. Railroad, 15 Neb. 394. (2) The title to the property and the right to receive delivery may be transferred by an assignment of the bill of lading. The carrier can not know where the bill of lading is, and therefore can not know how to…
1Opinion of the CourtGantt, P. J.
The plaintiff resides in Kansas City, Missouri. The defendants- Hoick & Company live at Eagle Pass, Texas. On the twenty-ninth of September, 1892, plaintiffs commenced an action against defendants to recover $600, and sued out an attachment in aid thereof and caused the Missouri, Kansas & Texas Railway Company to be summoned as garnishee about 6 o’clock p. m. of the same day. At the next term of the court interrogatories were duly propounded by plaintiff, and the garnishee, the appellant herein, made its answer:
“That at the time of the service of the summons of garnishment herein it had in…
2Cases cited4 opinions
- Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Adams v. ScottMassachusetts Supreme Judicial Court · 1870
- Illinois Central Railroad v. CobbIllinois Supreme Court · 1868
- Emerson v. St. Louis & Hannibal Railway Co.Supreme Court of Missouri · 1892
3Cited by7 opinions
- Rosenbush v. BernheimerMassachusetts Supreme Judicial Court · 1912
- Van Camp Hardware & Iron Co. v. PlimptonMassachusetts Supreme Judicial Court · 1899
- Chicago & Northwestern Railway Co. v. Alvin R. Durham Co.Supreme Court of the United States · 1926
- Hendrix v. Wabash RailroadMissouri Court of Appeals · 1904
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. CoxIndiana Court of Appeals · 1905
2 more not listed; retrieve them via the Exa API.