American Express Co. v. Mullins
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF KENTON COUNTY, STATE OF KENTUCKY. Defendant in. error brought his action in the Circuit Court of Kenton County, Kentucky, against the plaintiff in error to recover the value of twenty packages of whisky which he had delivered to the company at Covington, Kentucky^ on March 10, 1904, to carry C. O. D. to Oswego, Labette County, Kansas. Each package was consigned tó a separate consignee.
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ERROR TO THE CIRCUIT COURT OF KENTON COUNTY, STATE OF KENTUCKY. Defendant in. error brought his action in the Circuit Court of Kenton County, Kentucky, against the plaintiff in error to recover the value of twenty packages of whisky which he had delivered to the company at Covington, Kentucky^ on March 10, 1904, to carry C. O. D. to Oswego, Labette County, Kansas. Each package was consigned tó a separate consignee. The petition, alléged that the defendant failed to deliver the whisky,' or to collect the money therefor, or to return the whisky to the plaintiff. 'The answer was in effect that…
1Opinion of the CourtJustice Brewer
This court has jurisdiction because of the claim distinctly made in the Kentucky court that giving full faith and credit to the judgment of the Kansas court would prevent a recovery against thé company, a claim which was expressly , denied by the Kentucky court. Green v. Van Buskerk, 7 Wall. 139, 145; Hancock National Bank v. Farnum, 176 U. S. 640, 642; St. Louis, Iron Mountain & Southern Ry. Co. v. Taylor, 210 U. S. 281, 293.
While it is the duty of a carrier to safely carry and promptly deliver to the consignee the goods entrusted to its care, yet that duty does not call upon it to' forcibly…
2Cases cited9 opinions
- Harris v. BalkSupreme Court of the United States · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Fauntleroy v. LumSupreme Court of the United States · 1908
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Hancock National Bank v. FarnumSupreme Court of the United States · 1900
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