Lowitz v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county by the partners doing business as E. Lowitz to recover $1,100 paid by plaintiffs upon a draft to which was attached a bill of lading issued by defendant for a car of corn, shipped from Minneapolis to Chicago. The answer alleged that when the purported bill of lading was delivered to the shipper the car of corn had not been received by defendant for transportation, and that the bill of lading was void.
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Action in the district court for Hennepin county by the partners doing business as E. Lowitz to recover $1,100 paid by plaintiffs upon a draft to which was attached a bill of lading issued by defendant for a car of corn, shipped from Minneapolis to Chicago. The answer alleged that when the purported bill of lading was delivered to the shipper the car of corn had not been received by defendant for transportation, and that the bill of lading was void. The case was tried upon stipulated facts before Jelley, J. who ordered judgment in favor of plaintiff. Defendant’s motion for amended findings of…
1Opinion of the CourtHolt, J.
Plaintiffs’ complaint set out that R. J. Johnston was doing business in Minneapolis, there owning and in possession of a carload of bulk corn which, on March 1, 1915, he delivered to defendant, a common carrier, who thereupon, while so in possession, executed and delivered to John-stone its order bill of lading, whereby defendant did state that it had received at Minneapolis, Minnesota, on said date, said corn from John-stone and did undertake to carry the same to Chicago, Illinois; that upon receiving said bill of lading Johnstone drew a draft on plaintiffs for $1,100 payable to a bank in…
2Cases cited10 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- 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
- Atchison, Topeka & Santa Fe Railway Co. v. HaroldSupreme Court of the United States · 1916
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3Cited by2 opinions
- Sloan v. City of DuluthSupreme Court of Minnesota · 1935
- Great Western Grain Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1925