Hughes v. . Sun Mutual Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Ifew York, made March 15,1883, which reversed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. The nature of the action and the material facts are stated in the opinion. Under a bill of lading, there must be delivery at destination. (69 N. Y. 234.) Ifo promise to pay pro raia freight can be implied in this case.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Ifew York, made March 15,1883, which reversed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. The nature of the action and the material facts are stated in the opinion. Under a bill of lading, there must be delivery at destination. (69 N. Y. 234.) Ifo promise to pay pro raia freight can be implied in this case. (Dunnett v. Tomhagen, 3 Johns. 151; Wallerstein v. Columbia Ins. Co., 44 N. Y. 211; 3 Kent, 320, and notes; 69 N. Y. 236 ; 9 Johns. 189; 2 Bosw.…
1Opinion of the CourtDanforth, J.
The complaint states that in November, 1881, the plaintiff as a common carrier and owner of the boat “ Arizona,” had, upon it and in his possession, coal of the value of $1,000, which he had carried from Hew York to Hew Haven on freight ; that the defendant, a domestic corporation, by violence took it from the boat.
The answer of defendant admits its corporate character, but denies the other allegations. It also set up new matter, but no question arises on the pleadings.
On the trial of the issues before a judge and jury, the character and ownership of the plaintiff was proved, and that the…
2Cases cited1 opinion
- Hubbell v. Great Western InsuranceNew York Court of Appeals · 1878
3Cited by4 opinions
- Braithwaite v. AikinNorth Dakota Supreme Court · 1891
- Linea Sud-Americana, Inc. v. 7,295.40 Tons of LinseedDistrict Court, S.D. New York · 1939
- Linea Sud-Americana, Inc. v. 7,295.40 Tons of LinseedCourt of Appeals for the Second Circuit · 1940
- People ex rel. Kelly v. ScottNew York Supreme Court · 1895