Legal Opinion

Duderstadt Surveyors Supply, Inc. v. Alamo Express, Inc.

Texas Court of Appeals, 4th District (San Antonio)

Decided February 15, 1985No. 04-83-00297-CVPublishedCited by 13 opinions

1Opinion of the Court

OPINION

REEVES, Justice.

This case concerns a fraudulent cashier's check received by a common carrier in payment of a C.O.D. charge. The trial court absolved the carrier from liability and the shipper brings this appeal.

The uncontroverted facts are Duderstadt Surveyors Supply, Inc. (Duderstadt) shipped collect on delivery (C.O.D.) by Alamo Express, Inc. (Alamo), survey instruments to Petróleos Mexicanos (Pemex) in care of its agent, Raul Buenrostro. These goods were shipped by Alamo to its terminal in McAllen, Texas. A man purporting to be Raul Buenrostro picked up the goods consigned to Pemex…

2Cases cited11 opinions

  1. Sparkman v. MaxwellTexas Supreme Court · 1975
  2. State of California Department of Mental Hygiene v. Bank of the Southwest National Ass'nTexas Supreme Court · 1962
  3. City of Houston v. BlackbirdTexas Supreme Court · 1965
  4. Davis v. DavisTexas Supreme Court · 1943
  5. Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.New York Court of Appeals · 1928

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3Cited by13 opinions

  1. Tran v. Fiorenza, Texas Court of Appeals, 1st District (Houston)1996
  2. SEI Business Systems, Inc. v. Bank One Texas, N.A., Texas Court of Appeals, 5th District (Dallas)1991
  3. National Diamond Syndicate, Inc., Cross-Appellant v. United Parcel Service, Inc., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1990
  4. American Airlines, Inc. v. Swest, Inc.Texas Supreme Court · 1986
  5. Martinez v. City of San Antonio, Texas Court of Appeals, 4th District (San Antonio)1989

8 more not listed; retrieve them via the Exa API.

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