McSwegan v. Pennsylvania Railroad
Appellate Division of the Supreme Court of the State of New York
' Appeal by the plaintiffs, Frank McSwegan and another, from an order of the Supreme Court, made at a Trial Term thereof and entered in the office of the clerk of the county of New York on the 16th day of April, 1896, denying their motion for a new trial upon the dismissal of the complaint directed by the court after a trial before the court and a jury. . The action was in conversion, to recover the value of certain goods, which were delivered by the plaintiffs to the…
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' Appeal by the plaintiffs, Frank McSwegan and another, from an order of the Supreme Court, made at a Trial Term thereof and entered in the office of the clerk of the county of New York on the 16th day of April, 1896, denying their motion for a new trial upon the dismissal of the complaint directed by the court after a trial before the court and a jury. . The action was in conversion, to recover the value of certain goods, which were delivered by the plaintiffs to the defendant, a common carrier, for transportation and were improperly delivered by it.
1Opinion of the Court
Patterson, J.:
In June, 1893, the plaintiffs were the owners of a certain steam engine and appliances which were delivered into the possession of the defendant, a common carrier, to be transported from Massillon, Ohio, to Beverly, New Jersey. The merchandise was consigned to the plaintiffs, who held the bill of lading, and who were alone entitled to receive the goods, on them arrival at Beverly, from the carrier. The- plaintiffs made an executory contract of sale of this same machinery to an electrical company doing business at Beverly, but they Were not to deliver the same except upon certain…
2Cited by6 opinions
- Greyvan Lines, Inc. v. NesmithDistrict of Columbia Court of Appeals · 1946
- The Cabo VillanoDistrict Court, E.D. New York · 1926
- Graham Bros. Aktiebolag v. St. Paul Fire & Marine InsuranceNew York Supreme Court · 1926
- McNeill v. Wabash Railway Co.Missouri Court of Appeals · 1921
- Patterson Produce Co. v. American Ry. Express Co.Court of Appeals of Texas · 1927
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