Watkinson v. Laughton
New York Supreme Court
THIS was an action of assumpsit, on a bill of lading, signed by the defendant, as master of a ship. The cause was tried at the sittings in New-York, before the W- . justice• . The goods were shipped at Liverpool, in good order, consigned to the plaintiff.
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THIS was an action of assumpsit, on a bill of lading, signed by the defendant, as master of a ship. The cause was tried at the sittings in New-York, before the W- . justice• . The goods were shipped at Liverpool, in good order, consigned to the plaintiff. On the arrival of the ship in New-York, it was found that several of the trunks had been opened, and the goods taken out; and it was admitted that the goods had been embezzled, or otherwise lost, without any fraud on the part of the defendant. The plaintiff proved the amount of the goods deficient, and the price at which he sold such part of…
1Per curiam
The rule of damages in such a case as the present, does not appear to have been the subject of discussion and decision in any of the numerous commercial cases which have arisen in the English courts. Perhaps the rule has been so well understood and settled in practice, as not to be drawn into controversy. But as that practice is not stated in the case, nor known to the court, we must govern ourselves by the general principles which are established in the books. The case, in this court, of Smith & Delamater v. Richardson, (3 Caines, 219.) is not applicable, as that was not a case of loss,…
2Cases cited1 opinion
- Smith v. RichardsonNew York Supreme Court · 1805
3Cited by21 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Smythe v. United StatesSupreme Court of the United States · 1903
- United States v. MorganSupreme Court of the United States · 1851
- People Ex Rel. Emigrant Ind. Sav. Bank v. SextonNew York Court of Appeals · 1940
- Hinckley v. BeckwithWisconsin Supreme Court · 1860
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