88 Ga. 591 | Ga. | 1892
Judgment reversed.
Action for $2,000 damages, by Bedell & Bowers for the use of Orr & Hunter, against the railroad company, alleging: On September 16, 1889, defendant agreed to transport 1,000 bales of cotton from Columbus, Ga., to Liverpool, England, over its line of railroad and steamer Empire, agreeing by the terms of the contract that the steamer Empire would sail from West Point, Virginia, on the 5th day of October, 1889, at an agreed rate of $1.10 a hundred pounds as the rate of transportation from Columbus to Liverpool. In accordance with the contract petitioners delivered to defendant the cotton. They sold it to arrive in Liverpool, allowing the usual time consumed in transportation between West Point,
The defendant moved to dismiss the ease, because the declaration set out no cause of action in the plaintiffs, but showed on its face that the cause of action was in Mellor & Eenton, they being the consignees and owners of the cotton and the only parties who could recover for the delay in shipment; and also moved to strike the names of Orr & Hunter as usees, on the ground that the declaration showed no right in them to recover. The court announced that the declaration showed no cause of action in the plaintiffs. The plaintiffs then offered to amend by adding, after the word “England” where it first occurs, the words : “for Bedell & Bowers for the use of Orr & Hunter”; and by alleging that the property herein set forth was the property of Orr & Hunter, and Bedell & Bowers acted as agents of Orr & Hunter in the shipment of the cotton and in making a contract for its shipment with the defendant; and by alleging that after the contract was made by Bedell & Bowers for the use of Orr & Hunter with the defendant,