[DOWNLOAD] "Brewer v. Hearne Motor Freight Lines" by Supreme Court of Kansas " Book PDF Kindle ePub Free

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eBook details

• Title: Brewer v. Hearne Motor Freight Lines
• Author : Supreme Court of Kansas
• Release Date : January 09, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

The opinion of the court was delivered by This was an action originally commenced by plaintiffs on March
10, 1954, to recover damages from Hearne Motor Freight Lines,
Inc., hereafter referred to as Hearne, for failure to deliver
goods being transported by it as a common carrier. On some date
not disclosed by the abstract, Santa Fe Trial Transportation
Company was made a party defendant, but at the trial, judgment
was rendered in its favor, no party complains and it will not be
noticed further. At the trial, judgment was rendered in favor of
plaintiffs against Hearne and Hearne appeals. On November 16, 1954, plaintiff filed an amended petition
alleging that Hearne operated as a motor carrier within Stevens
county; that on August 20, 1951, Texas-Oklahoma Motor Freight
Company received certain property in the regular course of
business consigned to plaintiffs by Windpower Manufacturing
Company of Newton, Iowa, of the value of $790.64 and subsequent
to that date Hearne purchased the Texas-Oklahoma Motor Freight
Company and assumed all of its liabilities; that on August 19,
1951, plaintiffs received notice from a bank in Hugoton that the
bank had received a sight draft and bill of lading from the above
manufacturing company for two cultivators in the amount of
$790.64 and plaintiffs paid the draft and received the bill of
lading; that on August 25, 1951, plaintiffs received a copy of a
letter from Knaus Truck Lines to Des Moines Transportation
Company, advising that the shipment was not complete as to number
of pieces called for by the bill of lading; that plaintiffs
contacted Hearne and were informed the balance of the shipment
had not been delivered to it, and on October 9, 1951, plaintiffs
filed a loss and damage claim in the amount of $789.64 (the
discrepancy between this amount and the amount sought and
received is not explained or complained of); that on October 23,
1951, Hearne's agent informed plaintiffs he had their shipment,
that some parts were missing but Hearne had to offer delivery,
but if delivery were accepted, Hearne would do nothing
[179 Kan. 734]

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