Goddard v. Mallory
New York Supreme Court
APPEAL by the plaintiff from a judgment ordered at the trial, dismissing the complaint, with costs. The action was brought to charge the defendant, as owner of the steamship Euterpe, for the non-delivery of goods described in the bill of lading as having been shipped on board that vessel. They were, in fact, shipped on board the Twilight, another vessel belonging, also, to the defendant, which was lost by perils of the seas.
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APPEAL by the plaintiff from a judgment ordered at the trial, dismissing the complaint, with costs. The action was brought to charge the defendant, as owner of the steamship Euterpe, for the non-delivery of goods described in the bill of lading as having been shipped on board that vessel. They were, in fact, shipped on board the Twilight, another vessel belonging, also, to the defendant, which was lost by perils of the seas. This loss was a conceded defense to the claim, unless the non-shipment of the goods by the Euterpe made the defendant liable. The plaintiff resided in South Carolina. On…
1Opinion of the Court
By the Court, Mullin, J.
My impression on the argument was that the heading of the bill of lading, “ Atlantic Coast Mail Steamship Line,” was to be taken to be the name of the Atlantic Coast Mail Steamship Company, and therefore the bill of lading was to be treated as a contract with that company, and if so it was not competent to prove that it was in fact made with the plaintiff. But it appears by the evidence of the' witness, Livingston, one of the firm of Livingston, Fox & Co. agents for the defendant, the Mail-Steam Ship Company, and others, owners of vessels running to certain southern…
2Cited by6 opinions
- The BordentownDistrict Court, S.D. New York · 1889
- Marx v. Natl. Steam-ship Co.District Court, S.D. New York · 1884
- Farmers' Loan & Trust Co. v. Northern Pac. R.Court of Appeals for the Second Circuit · 1903
- H. W. Chandler Commission Co. v. Nashville, Chattanooga & St. Louis Railway Co.Missouri Court of Appeals · 1895
- Mellier v. St. Louis & New Orleans Transportation Co.Missouri Court of Appeals · 1883
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