The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-03-06
THE COTTON CASES.

THE COTTON CASES.
Interest in the crooked cotton uansae-
lions was increased yesterday by oliver x
GriRgs. bankers. ding suit IN the dis,ric,
court by their attorneys Wright Il Wright
and Robertson & Coke, against the Texas
& Pacific Railway 20. and Joe Lobenstein
on bill OF lading IL reads: The
petition Oft. & X. Oliver, who reside in
Limestone county, Texas, and William L..
Ghggs, who resides Ia Dallas county, Tex
rs, partners at Dallas, Texas, in the bust
ness OF bankers, under the name OF Oliver
& Griggs, against the Texas & Pacific rail-
way company, a corporation created under
the laws OF Texas, the proprietor and en-
gagged IN thu operation OF q line oil railway
through Dallas, Grayson aud other coun-
ties In said state. and Joseph Lohenstein,
who resides In Dsllas county. Texas,
especially shows !na' os on 70 I xs
the SAID defendant railway company for
value contracted with iIs co-defendsnt TO
transport from Sherman, Grsyson county,
to the city Of Philadelphia, Pennsylvania,
aud there delivered to the order OF said
company, defendant, certain sid three
hundred ba.es OF cotton then received by
said company Of the aggregate weight OF
l5l 800 pounds, an aggregate value Ut Sher-
man, Texae OF Sl5, 1870, and Issued therefor
and delivered to said &C -defendant It's GER
tain bill OF ladins In the usual form, COPY
OF which Is hereunto annexed and made
part hereof; which said bill OF lading the
said co-deisndant endorsed and delivered
TO said co-defendant for value paid him and
guaranteed the performance OF said COLI
tract by said railway company: that said
contract could and ought 20 have been
performed within fifteen days from lis
date, but the same has not yet
been performed and though oftea requested
the said defendants have wholly failed and
refused to perform said contract aud 10 de-
liver to plaintiffs or to their order At the
city OF philadelphia or elsewhere or the
said cotton .or any part thereof. but have
wasted, destroyed and converted to their
$4,000; wherefore plaintiffs pray citation
and judgment for damages aforesaid coat
for general relief, etc.
The bill Of lsding reads as follows:
FORM llo-7-'s3.-7jA. NO. 10
COTTON BILL OF LADING domestic"
THE TEXAS& PACIFIC RAILWAY co.
Sherman Station, Eastern Division, Oct oath
D T FROM Joe Lob enstein 500 bales Of
IL cotton, In apparent good order, marked aud
numbered as below To be transported from
sherman to Philadelphia, Pa, and delivere. to
the consignces or connecting common carrier.
custody OF several carriers before reaching Its
destination and 1t is understood as part OF the
consideration for which the said cotton Is re-
Ceived, that the exceptions from liability made
by such carriers respectively shall operate 10
the carriage by them respectively OF the said
cotton as though herein inserted NJ length; and
especially that neither Of said carriers or this
company, shall be liable for loss or damage OF
any kind, occasioned by DELAYS from any cause,
| or bv change of weather or for loss or damage
By fire, or for loss or damage on seas, lakes,
-. AL ID Ia f.tVth .r ta1l
understood, that for loss or damage occurring
In the transit OF the said cotton, the legal rem.
edy shall be against the particular carrier only
in whose custody the said cotton may actually
be at the time OF the happening thereof-it be
ing understood that the Missouri Pa
cfc Railway company, In receiving
the said cotton to be forwarded as
aforesaid, assumes no other responsibility for
its safety or safe carriage than may be incurred
on its own road. 1t is further stipulated and
| agreed that in case of any loss, detriment or
damage done to, or sustained by any Of the
transportation whereby any legal liability or
responsibility shall or may be incurred, that
the carrier so liable shall have the full benefit
of any insurance that may have ben effected
upon or on account OF said cotton eli her by the
c6nsignor or by the co4signee, or by any one
| on behalf Of either, whether such insurance be
| by open, general or special policy, All cotton
will be subj ct to necessary baling, and is 20
ceivad at OWNERS RISK or WE AN0 DIST
and carriers VIII not We nc
spis5s ole fe6 5aa Sni !" Tsfs
| @ n II Sos L--F Freight 20 be
paid on the actual gross weipht rs a2ceftalned
| by the companies scales. Claims Tor damage
must be reported by the consignee IN writing to
The delivering line within thir!y.six hours alter
the consignce has been notified OF the arrival
| OF the freight at the place of delivery, II such
not &C of claim for damage is not tEus given,
neither this company nor any IT the connecting
| or Intermediate carriers shall be liable. IN
J THE EVENT OF THE LOSS OF PROPERTY
I UNDFl: THE PROVISIONS OF ldIS AGREE.
MENT, THE VALUE OR COST OF THE
SAME AT THE POINT OF SHIPMENT
SHALL GOVERN THEsET tn lE Z TH r,,ru
| SELVES THE PRIVILEGE OF COMpRESSlNG
ALI COTTON SIGNED FOR ON THIS BILL
OF LADlNG.
No liability will be assumed for wrong car
rage or wrong delivery Of cotton that Is imper'
| fecty marked.
| NorIcg,-This contract is accomplished, and
| the liabi tiles of the companies as common car
riers hereunder terminates on the arrival Of
| the cotton at the station or depot of delivery,
and it is understood aud agreed that the com
| pan es will be liable as warehousemen only
| thereafter and unless removed by the consiRne;
from the station or depot OF delivery VIM
|t.enty-t tour hours after its said arrival, the
cotton may he removed and stored by the com
| psny at owners risk and expense In the ware.
house of the company or one OF lts seIect
and after remaining In such warehouse Sky
days, the carrier at point OF destination may
| at It's election, a ivertise Ia one or more news
pa ers published In that county for not les'
| than ten days, and sell the cotton either at tina
spoint or at suDh point on Its line as II may Sc
| lect, and out o. proceeds or such SAFE pay al
In accepting this contract the shipper o
| other agen' of tho owner of the cotton carried
expressly agrees to all its stipulatons and con
| dlil0ns.
Rates Guaranteed. Consigned 70 order o
| II, T,.,I gI,a gfair