White v. Van Kirk & Ashton
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. The action was brought against the defendant Van Kirk as master, and the defendant Ashton as owner, of the schooner Benjamin Browning, for damage to a quantity of malt shipped by the plaintiff from Albany to Baltimore. The bill of lading signed by Van Kirk, the master, was as follows: “ Shipped in good order and well conditioned, by John Gr.
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APPEAL from a judgment entered on the report of a referee. The action was brought against the defendant Van Kirk as master, and the defendant Ashton as owner, of the schooner Benjamin Browning, for damage to a quantity of malt shipped by the plaintiff from Albany to Baltimore. The bill of lading signed by Van Kirk, the master, was as follows: “ Shipped in good order and well conditioned, by John Gr. White, on board the good schooner called the Benjamin Browning of Camden, K. J., whereof A. Van Kirk is master for this present voyage, now in the harbor of Albany, and bound for Baltimore, one…
1Opinion of the Court
By the Court, Harris, J.
Assuming that the evidence was sufficient to justify the referee in finding that the master of the vessel in fact agreed that it should take the inside route, which is, at least, questionable, I think the evidence itself was inadmissible. It has often, and truly been said, that a bill of lading has a twofold character. As a receipt it acknowledges the delivery of goods to the party who executed it. The admission is only prima facie evidence of the fact. It may be shown by parol evidence that the quantity, quality or condition of the goods received, is erroneously…
2Cases cited2 opinions
- Creery v. HollyNew York Supreme Court · 1835
- Niles v. CulverNew York Supreme Court · 1850
3Cited by2 opinions
- Pratt v. AnoAppellate Division of the Supreme Court of the State of New York · 1896
- Peery v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1924