Keystone v. Moies
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner's Court. This was an action to recover in behalf of the steamboat Keystone freight and charges upon certain iron castings shipped by the defendants at St. Louis and consigned to Eldridge Bro. & Co., at Wyandott, Kansas territory. It was in evidence that the consignees refused to receive the castings at Wyandott. The boat brought them back to St. Louis.
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Appeal from St. Louis Law Commissioner's Court. This was an action to recover in behalf of the steamboat Keystone freight and charges upon certain iron castings shipped by the defendants at St. Louis and consigned to Eldridge Bro. & Co., at Wyandott, Kansas territory. It was in evidence that the consignees refused to receive the castings at Wyandott. The boat brought them back to St. Louis. The plaintiff claimed seventy-two dollars freight to Wyandott, seventy-two dollars freight from Wyandott back to St. Louis, and six dollars charges. On the trial the plaintiff introduced two witnesses, who…
1Opinion of the CourtNaptok, Judge
The custom of returning goods to the place of shipment, where the consignee at the place of delivery has refused to receive them, may be a very reasonable one when the freight is very small in proportion to the value of the goods. In such cases the consignor would probably prefer that the boat should bring them back, and a custom to this effect, as it would be entirely consistent with the consignor’s interest, would only show that the carrier, in acting as the agent of the consignor, had discharged his duty and acted as the corn signor himself would have done if he had been in a position *245to…
2Cases cited2 opinions
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
- The VolunteerDistrict Court, D. Massachusetts · 1834
3Cited by6 opinions
- Stoddard Lumber Co. v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Milwaukee & Wyoming Investment Co. v. JohnstonNebraska Supreme Court · 1892
- W. T. Hull & Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- Sherrill-Russell Lumber Co. v. Krug Lumber Co.Missouri Court of Appeals · 1924
- Hance v. Wabash & Western Railway Co.Missouri Court of Appeals · 1895
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