Legal Opinion

Miller v. New York Central Railroad

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

Decided May 18, 1923PublishedCited by 2 opinions

Appeal by the defendant, New York Central Railroad Company, from a determination of the Appellate Term of the Supreme Court, First Department, entered in the office of the clerk of the county of New York on the 25th day of October, 1922, affirming a judgment of the City Court of the City of New York in favor of the plaintiff and an order of said City Court denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

McAvoy, J.:

The controversy here is over the right of a railroad carrier to deliver goods to other than the holder of a straight bill of lading or to an indorsee of an order bill of lading. The complaint shows one Leo L. Lowy was the owner of certain scrap iron of the value of $1,538.82 which he delivered to the Central Railroad of New Jersey in August, 1920, at Warners, N. J., for transportation to Albany, N. Y.; that the goods were consigned to the order of Lowy at Albany, and the Central Railroad of New Jersey accepted the merchandise for such transport for compensation; that the Central…

2Cases cited8 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. The "Idaho."Supreme Court of the United States · 1877
  3. Pere Marquette Railway Co. v. J. F. French & Co.Supreme Court of the United States · 1921
  4. Standard Casing Co. v. . California Casing Co.New York Court of Appeals · 1922
  5. Bliven Mead v. . Hudson River R.R. Co.New York Court of Appeals · 1867

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Rudin v. King-Richardson Co.Illinois Supreme Court · 1924
  2. Chandler Motor Car Co. v. United Fruit Co.New York Supreme Court · 1926

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