Cleveland Iron Mining Co. v. Eastern Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover the value of 1,502 bushels of wheat, the amount of an alleged shortage in a shipment from defendant’s elevator. The case was tried before Moer, J., who ordered judgment in favor of plaintiff for $1,994.-52. From an order denying a motion for a new trial, defendant appealed.
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Action in the district court for St. Louis county to recover the value of 1,502 bushels of wheat, the amount of an alleged shortage in a shipment from defendant’s elevator. The case was tried before Moer, J., who ordered judgment in favor of plaintiff for $1,994.-52. From an order denying a motion for a new trial, defendant appealed. The receipts were executed under the provisions of the Minnesota statute, and the'parties accepting and purchasing them contracted that the wheat represented by the receipts should be weighed and inspected, on delivery out of the elevator, by inspectors and…
1Opinion of the CourtCollins, J.
Action by plaintiff, carrier of grain on the Lakes, to recover of defendant company, owning and operating an elevator at West Superior, Wisconsin, the value of 1,502 bushels of wheat alleged to have been short in a cargo shipped by A. J. Sawyer & Co., grain merchants, and loaded into plaintiff’s vessel out of said elevator. Plaintiff had issued bills of lading to the shipper for 81,000 bushels, delivered on board, in which was the usual clause,
“All the deficiency in the cargo to be paid by the carrier (except when grain is heated or heats in transit), and deducted from the freight, and any…
2Cases cited2 opinions
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Sawyer v. Cleveland Iron Min. Co.Court of Appeals for the Second Circuit · 1895