Colgate v. . the Pennsylvania Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first j udicial department, entered upon an order made February 27,1884, modifying, and affirming as modified, a judgment in favor of plaintiff, entered upon the report of a referee. This action was for the alleged conversion of one thousand two hundred and fifty barrels of cotton seed oil. . The oil had been delivered in different parcels to the defend- ' ant, as a carrier of property.
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Appeal from judgment of the General Term of the Supreme Court, in the first j udicial department, entered upon an order made February 27,1884, modifying, and affirming as modified, a judgment in favor of plaintiff, entered upon the report of a referee. This action was for the alleged conversion of one thousand two hundred and fifty barrels of cotton seed oil. . The oil had been delivered in different parcels to the defend- ' ant, as a carrier of property. It was received by it at Memphis, Tennessee, and Little Bock, in the State of Arkansas, to be delivered at the city of Bew York to J. F.…
1Opinion of the CourtFinch, J.
Whether before the statute (2 R. S. [6th ed.] 230), the difference in bills of lading between those drawn “ to order” and those “billed straight” to the consignee alone, created a difference in the duty and right of the carrier in respect to delivery, we do not think it important to consider, since we agree wTith the courts below as to the decisive effect of the statute upon the facts in controversy. The defendant transported the oil under bills of lading, which constituted the contract between shipper and carrier, and served also as evidence of title, the transfer of which would transfer the…
2Cases cited1 opinion
- Viner v. New York, Alexandria, Georgetown & Washington Steamship Co.New York Court of Appeals · 1872
3Cited by19 opinions
- Furman v. . Union Pacific R.R. Co.New York Court of Appeals · 1887
- New York Central Railroad v. Federal Sugar Refining Co.New York Court of Appeals · 1923
- Nebraska Meal Mills v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1897
- First National Bank v. Northern Pacific Railway Co.Washington Supreme Court · 1902
- In Re SaricIndiana Supreme Court · 1925
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