Tarbell v. . Royal Exchange Shipping Co.
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York, made May 11, 1886, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from order of the General Term of the Superior Court of the city of Hew York, made May 11, 1886, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 21 J. & S. 190.) This action was brought to recover damages for the nondelivery in Hew York of sixty-three slabs of tin, part of a shipment of 1,702 slabs, made at Singapore, India, September 7, 1882, under a bill of lading stipulating that the tin should be transported from Singapore to London, per the steamer “ Thibet,” and thence by a steamer of the Monarch line…
1Opinion of the CourtAndrews, J.
The bill of lading contained special clauses defining the obligation of the carrier in respect to the delivery of the goods, and also the duty of the consignees as to receiving them. By the first of the clauses referred to, the goods were “ to be delivered from the ship’s deck (when the ship-owner’s responsibility shall cease), at the port of New "York,” and by the second it was declared that the goods were “ to be received by the consignees immediately the vessel is ready to discharge, or otherwise they will be landed and stored at the sole expense and risk of the consignees, in the…
2Cases cited4 opinions
- Clinton v. . MyersNew York Court of Appeals · 1871
- Redmond v. Liverpool, New York & Philadelphia Steamboat Co.New York Court of Appeals · 1871
- Collins v. . BurnsNew York Court of Appeals · 1875
- Wellington v. . MoreyNew York Court of Appeals · 1882
3Cited by29 opinions
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- David Crystal, Inc. v. Cunard Steam-Ship CompanyDistrict Court, S.D. New York · 1963
- L. P. Larson, Jr., Co. v. Wm. Wrigley, Jr., Co.Court of Appeals for the Seventh Circuit · 1918
- Farmers' Mercantile Co. v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914
- Illinois Central Railroad v. CarterIllinois Supreme Court · 1897
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