White v. . Ashton
New York Court of Appeals
Appeal by defendant Ashton from order of the General Term of the Supreme Court in the third judicial district, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. This action was brought against defendants, Aaron Van Kirk and Samuel Ashton, as common carriers, for injury to a cargo of barley shipped from Albany to Baltimore.
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Appeal by defendant Ashton from order of the General Term of the Supreme Court in the third judicial district, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. This action was brought against defendants, Aaron Van Kirk and Samuel Ashton, as common carriers, for injury to a cargo of barley shipped from Albany to Baltimore. The complaint alleged, among other things, that the defendants, as common carriers, received from the plaintiff one thousand bushels of barley to be transported on their schooner from Albany to Baltimore, by the inland…
1Opinion of the Court
Hunt, C.
The plaintiff entirely failed to establish the cause of action set forth in his complaint. He then alleged that the defendants had received the barley upon a contract to transport the same from Albany to Baltimore by the inland or canal route, and that he had insured the barley for that voyage; but that defendants failed to transport it by that route, and transported it by the ocean route; that it was wet and injured, and that the plaintiff lost his insurance and was damnified to the amount of $490.85, for which sum he demanded judgment. On the trial he produced written evidence of…
2Cases cited1 opinion
- Hollister v. JohnsonNew York Supreme Court · 1830
3Cited by28 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
- Oleet v. Pennsylvania Exchange BankAppellate Division of the Supreme Court of the State of New York · 1955
- Liverpool, London & Globe Insurance v. T. M. Richardson Lumber Co.Supreme Court of Oklahoma · 1902
- Edwards v. DicksonTexas Supreme Court · 1886
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