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32 Mo. 471

Railey v. Porter

Supreme Court of Missouri

Decided July 15, 1862

Supreme Court of Missouri · decided 1862-07-15

This was an action to recover the value of a lot of China hemp seed which, it is alleged by plaintiffs, was wholly lost to them through the negligence, carelessness and inattention of defendants as commission and forwarding merchants. Defendants were commission and forwarding merchants at Maxwell’s Landing, on the Missouri river, in Jackson county.

Decided 1862-07-15

Bates, Judge,

¶1delivered the opinion of the court.

¶2The instruction given for defendant was wrong.

¶3Notwithstanding that the forwarding merchants may have been prevented by the misconduct of the officers of the boat from getting three bills of lading in the usual manner, they yet were bound to give advice to the consignee of the shipment made to him, and the liability of the boat does not discharge them from liability.

¶4Judgment reversed and cause remanded.

Judges Bay and Dryden concur.
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