Midland Valley Railroad v. J. A. Fay & Egan Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; If there was a wrongful delivery, appellee had the right to treat it as a conversion, or to acquiesce in and ratify the delivery. All the facts and circumstances show a ratification by the appellee of the delivery.
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; If there was a wrongful delivery, appellee had the right to treat it as a conversion, or to acquiesce in and ratify the delivery. All the facts and circumstances show a ratification by the appellee of the delivery. Hutchinson on Carriers, § § 183, 678; 29 S. E. 816; 160 111. 401; 58 N. H. 521. 1. Where a bill of lading directs delivery to the vendor’s order, or his assigns, the carrier is notified that it must not deliver to the consignee without the bill properly indorsed by the consignor. If it delivers otherwise,…
1Opinion of the CourtBattle, J.
J. A. Fay & Egan Company is plaintiff, and the Midland Valley Railroad Company is defendant, in this action. Plaintiff alleges in its complaint that both parties are corporations; that, on or about the 6th day of March, 1905, it sold to the Muskogee Sawmill & Manufacturing Company certain machinery, at the price of $3,775, of which $600 was paid in cash, and the mill -company agreed to pay plaintiff’s draft for $813.42 upon the arrival of the machinery in the city of Muskogee; that plaintiff shipped the machinery on defendant’s railway on the 6th of March, 1906, -consigned to shipper’s order,…
2Cases cited4 opinions
- Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Arkansas Southern Railway Co. v. German National BankSupreme Court of Arkansas · 1906
- Plummer v. ReevesSupreme Court of Arkansas · 1907
- Norman v. RogersSupreme Court of Arkansas · 1874
3Cited by7 opinions
- Louisville & Nashville Railroad v. United States Fidelity & Guaranty Co.Tennessee Supreme Court · 1911
- Midland Linseed Co. v. American Liquid Fireproofing Co.Supreme Court of Iowa · 1918
- Tedford v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1915
- Norfolk & Western Railway Co. v. AylorSupreme Court of Virginia · 1929
- Isbell-Brown Co. v. Stevens Grocer Co.Supreme Court of Arkansas · 1915
2 more not listed; retrieve them via the Exa API.