Dart v. . Ensign
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial district, reversing judgment entered upon the report of a referee in favor of defendant and granting a new trial. (Deported below, 2 Lansing, 383.) The action is brought to recover certain freights and demurrage. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial district, reversing judgment entered upon the report of a referee in favor of defendant and granting a new trial. (Deported below, 2 Lansing, 383.) The action is brought to recover certain freights and demurrage. The facts appear sufficiently in the opinion. The mere receipt of goods by one not the owner, does not make him liable to pay freight unless received under authority conditioned so to do. (1 Parsons Mar. Law., 220; Davis v. Pattison, 24 N. Y., 317, and cases cited; Chitty on Carriers, 209; Coleman v.…
1Opinion of the CourtAllen, J.
The plaintiff alleges in his complaint the receipt from the defendant, or Ms agents in Hew York, of a quantity of railroad iron to be carried and delivered to the defendant at Buffalo, and that for the carriage and delivery of the same at Buffalo, the defendant by his agent agreed to pay a specified price per ton over and above canal tolls, a part of wMch was received by the plaintiff of the defendant or his agent in Hew York, and claims to receive the balance of the freight earned, and damages for the unreasonable detention of the boat in unloading.
The plaintiff, who was both master and…
2Cases cited3 opinions
- Hinsdell & Pitcher v. WeedNew York Supreme Court · 1848
- Merian v. FunckNew York Supreme Court · 1847
- Davis v. . PattisonNew York Court of Appeals · 1862
3Cited by10 opinions
- Duff v. Trenton Beverage Co.Supreme Court of New Jersey · 1950
- Union Pac. R. v. American Smelting & Refining Co.Court of Appeals for the Eighth Circuit · 1912
- Davison v. . City BankNew York Court of Appeals · 1874
- Great Lakes Coal & Dock Co. v. Seither Transit Co.Court of Appeals for the Eighth Circuit · 1915
- Baltimore & Ohio Railroad v. Johnson-Battle Lumber Co.Court of Appeals of Georgia · 1928
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