Hartford Distillery Co. v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Action against a common carrier for nondelivery of goods, brought to the Court of Common Pleas in Hartford County and tried to the jury before Dickenson, J.; verdict and judgment for plaintiff for $1,842, and appeal by the defendant. The complaint is based on the common-law liability of the carrier, and alleges in four counts the shipment, nondelivery and consequent total loss of four separate consignments of distilled liquor.
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Action against a common carrier for nondelivery of goods, brought to the Court of Common Pleas in Hartford County and tried to the jury before Dickenson, J.; verdict and judgment for plaintiff for $1,842, and appeal by the defendant. The complaint is based on the common-law liability of the carrier, and alleges in four counts the shipment, nondelivery and consequent total loss of four separate consignments of distilled liquor. In addition to denials of the material allegations of each count, the answer sets up, as a second defense to each count, that the goods were delivered to the defendant…
1Opinion of the CourtBeach, J.
There is no dispute as to the material facts. The plaintiff had in its employ as traveling salesman one Gerdis, who prepared and turned into the home office of the plaintiff fictitious orders for the goods in question. The plaintiff, believing these orders to represent sales, sent the goods called for to the freight station of the defendant in Hartford by a truckman in the plaintiff’s employ. On each of the four occasions described in the complaint, Gerdis accompanied the goods to the station, and filled out for each shipment a non-negotiable bill of lading naming, in each instance, the…
2Cases cited9 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Phillips v. Mercantile National BankNew York Court of Appeals · 1894
- Price v. . Oswego and Syracuse R.R. Co.New York Court of Appeals · 1872
- Winslow v. Vermont & Massachusetts RailroadSupreme Court of Vermont · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Griffin v. Nationwide Moving & Storage Co.Supreme Court of Connecticut · 1982
- Blakeslee v. Board of Water CommissionersSupreme Court of Connecticut · 1936
- Resnik v. MorgansternSupreme Court of Connecticut · 1923
- Davis-Scofield Co. v. Agricultural InsuranceSupreme Court of Connecticut · 1929
- Citizens Independent Telephone Co. v. DavisIndiana Court of Appeals · 1950
3 more not listed; retrieve them via the Exa API.