Fitzhugh v. . Wiman
New York Court of Appeals
Action to recover the possession of personal property, commenced in. May, 1849. The plaintiffs were warehouse-men at. Oswego and common carriers upon the lakes and canals, doing business under the name of H. Fitzhugh & Co. The property in question was shipped at Chicago, by G-eorge Steel, on board the propeller Genesee Chief.
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Action to recover the possession of personal property, commenced in. May, 1849. The plaintiffs were warehouse-men at. Oswego and common carriers upon the lakes and canals, doing business under the name of H. Fitzhugh & Co. The property in question was shipped at Chicago, by G-eorge Steel, on board the propeller Genesee Chief. Three separate bills of lading were taken, by the terms of which the carrier agreed to deliver the goods at the port of Oswego to the consignees named in the margin, “he or they paying freight,” or, as one of the bills was worded, “ freight and charges.” The address in…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In regard to the main question presented in this case upon the merits, which is whether the plaintiffs had such an interest in the goods as entitled them to maintain the action, I see no reason to doubt the accuracy of the conclusion arrived at by the supreme court. A contract to transport the goods from Oswego having been made by the plaintiffs at Chicago, and advances having been made by them upon the faith of such contract, the delivery of the goods to a…
2Cited by26 opinions
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- Guille v. Wong FookOregon Supreme Court · 1886
- Hynes v. BarnesMontana Supreme Court · 1904
- Phipps v. TaylorOregon Supreme Court · 1887
- Kunz v. NelsonUtah Supreme Court · 1938
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