Waltham Manufacturing Co. v. New York & Texas Steamship Co.
Massachusetts Supreme Judicial Court
Contract ob tobt, against the New York and Texas Steamship Company, a corporation, for the sum of $299.84 and interest from August 11, 1905, for the misdelivery of an automobile. Writ dated February 20, 1906. In the Superior Court the case was tried before Brown, J. The facts which appeared in evidence are stated in the opinion. The judge ruled that the plaintiff could not maintain his action.
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Contract ob tobt, against the New York and Texas Steamship Company, a corporation, for the sum of $299.84 and interest from August 11, 1905, for the misdelivery of an automobile. Writ dated February 20, 1906. In the Superior Court the case was tried before Brown, J. The facts which appeared in evidence are stated in the opinion. The judge ruled that the plaintiff could not maintain his action. He ordered a verdict for the defendant, and reported the case for determination by this court. If the ruling was right, the verdict was to stand. If the ruling was wrong, judgment was to be entered for…
1Opinion of the CourtKnowlton, C. J.
This is an action to recover the value of an automobile, received by the defendant for shipment to Miami, Florida, which was delivered, contrary to the provisions of the bill of lading, to a person who was not entitled to receive it.
By the terms of the bill of lading the automobile was “ shipped by Waltham Mfg. Co. ... to be transported by the B. & M. (subject to all the conditions of that company’s bill of lading) to New York and the.re delivered (by lighter or carts at the risk of the shippers) to the pier of the New York and Texas Steamship Co. (Mallory Line), ... to be transported by…
2Cases cited8 opinions
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Guillaume v. . General Transportation Co.New York Court of Appeals · 1885
- Rudell v. Ogdensburg Transit Co.Michigan Supreme Court · 1898
- Stoner v. Chicago Great Western RailwaySupreme Court of Iowa · 1899
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3Cited by3 opinions
- McKahan v. American Express Co.Massachusetts Supreme Judicial Court · 1911
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Atlantic Coast Line Railroad v. Hinely-Stephens Co.Supreme Court of Florida · 1912