Rhodes v. . Newhall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 23, 1891, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The defendant, as consignee, having received the wheat under the bills of lading subject to the freight and charges, is liable for the freight.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 23, 1891, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The defendant, as consignee, having received the wheat under the bills of lading subject to the freight and charges, is liable for the freight. (Abb. on Shipping, 421; Merian v. Funck, 4 Den. 110; Abbe v. Eaton, 51 N. Y. 415.) The duty of the carrier is performed when he delivers all the property received, and when this is done there is no deficiency in cargo to be…
1Opinion of the Court
Ruder, Ch. J.
This action was brought by a carrier to recover from the consignee the freight on a cargo of wheat, transported from Duluth to Buffalo and deliverable to the defendant there on payment of the freight and charges.
It is not disputed but that the plaintiffs executed and delivered to the consignor bills of lading, acknowledging the receipt on board their vessel, of fifty-four thousand bushels of wheat at Duluth, to be transported to Buffalo and there delivered to the defendant, subject to a charge of three and three-fourths of a cent per bushel, for freight; and containing the…
2Cases cited1 opinion
- Ellis v. . WillardNew York Court of Appeals · 1854
3Cited by5 opinions
- Sawyer v. Cleveland Iron Min. Co.Court of Appeals for the Second Circuit · 1895
- The Willie D. SandhovalDistrict Court, E.D. New York · 1899
- The SikhDistrict Court, S.D. New York · 1909
- Reed v. FargoNew York Supreme Court · 1889
- Waydell v. AdamsNew York Supreme Court · 1897