W. A. Ryan & Co. v. M., K. & T. R'y Co.

Citations

• 65 Tex. 13
• 1886 Tex. LEXIS 646

Syllabus

<p>1. Agent—Transportation.—As a general rule, the consignor, as the agent to whom the owner intrusts his goods to be delivered to the carrier, must be regarded as having authority to stipulate for the terms of transportation. (Red. on Car., sec. 52; Hutch, on Car., sec. 265.)</p> <p>2. Same.— The carrier is authorized to act upon this presumption in contracting with . the agent, and need not inquire into his authority to make a particular shipment. (Authorities cited.)</p> <p>3. Contract—Place—Validity.— It is admitted in law that when a contract is to be wholly performed within a state, the laws of that state must furnish the rule as to its validity.</p> <p>4. Same.—When the contract is to be partly performed in the state where it is made and partly in another, the presumed intention of the parties, gathered from circumstances surrounding the transaction, must govern.</p> <p>5. Same.—When there are no circumstances attending the transaction, except the mere execution, delivery and acceptance of a bill of lading, the safest rule to arrive at the intention of the parties is that which upholds, rather than that which defeats, the contract, and the laws of the state under which the contract is valid should be applied. (Eng. and Am. cases cited.)</p> <p>6. Same—Bill of lading.—It will not be presumed that the parties to a bill of lading intended to have their contract governed by different laws according as a loss might occur in one or in another state, unless circumstances were proved showing such an intention.</p> <p>7. Bill of lading— Conditions.— In America it is generally held that a mere notice displayed in the office of a railway company, or printed on the bill of lading, will not bind the owner, though brought to his knowledge.</p> <p>8. Same.— But his assent is conclusively presumed to conditions inserted in the body of the bill of lading, when he has had an opportunity to know its contents, has received it at the time of shipment, and the carrier has used no