National Commercial Bank v. Lackawanna Transportation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The National Commercial Bank of Albany, from a judgment.of the -Supreme Court in favor of the' defendant, entered in the office of the clerk of the county of Albany on the 12th day of April, 1900, upon the decision of the court, rendered after a trial at the Columbia Special Term, pursuant to' an adjournment from the Albany Trial Term,. dismissing the complaint/ upon the merits.
Read the full summary
Appeal by the plaintiff, The National Commercial Bank of Albany, from a judgment.of the -Supreme Court in favor of the' defendant, entered in the office of the clerk of the county of Albany on the 12th day of April, 1900, upon the decision of the court, rendered after a trial at the Columbia Special Term, pursuant to' an adjournment from the Albany Trial Term,. dismissing the complaint/ upon the merits. The facts, as they appeared upon the trial of this case, are substantially as follows : In October, 1891, Counselman & Co., at Chicago, shipped by the defendant’s line to Buffalo 50,000…
1Opinion of the Court
Parker, P. J.:
We concur in the conclusion reached by the trial court, that the plaintiff could not maintain an action against the defendant for a conversion of the oats. '
The Marine Bank was the holder of the bill of lading and the owner of the oats when the defendant delivered them to it. It was the party to whom the defendant, by its contract in the bill of. lading, had undertaken to deliver them, and upon such delivery the functions of such bill of lading ceased. Thereafter it was a “ spent ” bill and could not be operative to transfer the title of the oats to any one. (4 Am. & Eng. Ency.…
2Cases cited1 opinion
- Griswold v. . HavenNew York Court of Appeals · 1862
3Cited by6 opinions
- People Ex Rel. Astoria Light, Heat & Power Co. v. CantorNew York Court of Appeals · 1923
- Biglow v. BiglowAppellate Division of the Supreme Court of the State of New York · 1902
- Canandaigua National Bank v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913
- St. Louis Southwestern Ry. of Texas v. GilbreathCourt of Appeals of Texas · 1912
- Mairs v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1902
1 more not listed; retrieve them via the Exa API.