Legal Opinion

Kalle & Co. v. Morton

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1913PublishedCited by 13 opinions

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

McLaughlin, J.:. It appears from the submission that on the 12th of December, 1910, the defendant, as a common carrier, was operating a line of steamers between New York city and Peekskill, N. Y.; that oñ the day named there were delivered to -her at New York, for transportation to Peekskill, two barrels of dye of the value of $330; that while in transit "the dye was destroyed by fire and the owner thereafter assigned its' cause of action against the carrier to this plaintiff; that the bill of lading issued by the defendant under which the dye was shipped contained the following clause: “Any…

2Cases cited3 opinions

  1. Inman v. South Carolina Railway Co.Supreme Court of the United States · 1889
  2. Fayerweather v. . Phenix Ins. Co.New York Court of Appeals · 1890
  3. Southard v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.Supreme Court of Minnesota · 1895

3Cited by13 opinions

  1. Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
  2. Cleveland Paint & Color Co. v. Bauer Manufacturing Co.Ohio Supreme Court · 1951
  3. Michigan Alkali Co. v. Bankers Indemnity Ins. Co.Court of Appeals for the Second Circuit · 1939
  4. Palmer v. Financial Indemnity Co.California Court of Appeal · 1963
  5. Graysonia, Nashville & Ashdown Railroad v. Newberger Cotton Co.Supreme Court of Arkansas · 1926

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