Barter & Co. v. Wheeler
Supreme Court of New Hampshire
Case by Lewis Barter & Co. against Wm. A. Wheeler & a. as common carriers of freight for the loss of five thousand seven hundred and fifty-nine bushels of com and three hundred and seventy-seven barrels of flour, and for damage to twenty-six barrels of flour, delivered by the plaintiffs to the defendants to be transported from Ogdensburg to Concord.
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Case by Lewis Barter & Co. against Wm. A. Wheeler & a. as common carriers of freight for the loss of five thousand seven hundred and fifty-nine bushels of com and three hundred and seventy-seven barrels of flour, and for damage to twenty-six barrels of flour, delivered by the plaintiffs to the defendants to be transported from Ogdensburg to Concord. The following facts appeared at trial on the general issue: At the time of the alleged loss the defendants were trustees of the second mortgage bonds of the Northern (N. Y.) Railroad Co., and were operating the railroad of that company then, and…
1Opinion of the CourtBellows, C. J.
The first question in the natural order of inquiry is, whether the goods were in fact received by the defendants as common carriers.
Upon that point the plaintiffs _ rely much upon the fact that upon the receipt of the second parcels of flour and grain at Ogdensburg, papers were forwarded to the plaintiffs purporting to acknowledge the receipt by the Northern Railroad Company from the Northern Transportation Company, of such flour and grain, with a promise to deliver the same to the plaintiffs.
The case finds that’ the course of business during the year 1854, where this flour and grain was…
2Cases cited4 opinions
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Sprague v. SmithSupreme Court of Vermont · 1857
- Fairchild v. SlocumNew York Supreme Court · 1838
- Millett v. BakerNew York Supreme Court · 1864
3Cited by1 opinion
- Pearson v. WheelerSupreme Court of New Hampshire · 1874