Commercial Bank v. Chicago, St. Paul & Kansas City Railway Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding. This was an action brought by the Commercial Bank of Manitoba, against the Chicago, St. Paul and Kansas City Railway Company, to recover the value of seven car-loads of potatoes consigned to J. W. Lewis, of Chicago, or to the order of J. W. Lewis.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding. This was an action brought by the Commercial Bank of Manitoba, against the Chicago, St. Paul and Kansas City Railway Company, to recover the value of seven car-loads of potatoes consigned to J. W. Lewis, of Chicago, or to the order of J. W. Lewis. In the Superior Court the plaintiff recovered a judgment for §2305.21, which, on appeal, was reversed in the Appellate Court. The Appellate Court, upon reversing the judgment,…
1Per curiam
Where the Appellate Court finds the facts different from the trial court, and incorporates such finding in its final judgment, under the statute the finding of facts is conclusive. Under the facts as found, did the Appellate Court err in holding that the plaintiff could not recover?
A common carrier, to discharge his liability for goods transported by delivery, must deliver to the person who is lawfully entitled to receive the same. The consignee is presumptively the owner of the goods, and must be treated by the carrier as such owner until he has notice to the contrary, and delivery to him…
2Cases cited4 opinions
- Furman v. . Union Pacific R.R. Co.New York Court of Appeals · 1887
- National Bank of Commerce of Boston v. Merchants' Nat. Bank of MemphisSupreme Court of the United States · 1875
- Newcomb v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
- Ontario Bank v. . N.J. Steamboat Co.New York Court of Appeals · 1875
3Cited by4 opinions
- Oxford Lake Line v. First National BankSupreme Court of Florida · 1898
- Citizens Bank & Trust Co. v. Everbest Shingle Co.Washington Supreme Court · 1924
- Clegg v. Railroad Co.Supreme Court of North Carolina · 1904
- Jeans v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913