Mottram v. Heyer
Court for the Trial of Impeachments and Correction of Errors
Error to the superior court of the city of „Ne\v-York. Thomas Mottram & Sons were plaintiffs in the court below, and brought replevin against E. P. & H. Heyer for a bask of hardware. The defendants were merchants in the city of New-York, and ordered the goods from the plaintiffs, who owned a factory in England, on a credit of four and six months. The goods were shipped at Liverpool on board the Cambridge, and consigned to the defendants, they paying freight.
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Error to the superior court of the city of „Ne\v-York. Thomas Mottram & Sons were plaintiffs in the court below, and brought replevin against E. P. & H. Heyer for a bask of hardware. The defendants were merchants in the city of New-York, and ordered the goods from the plaintiffs, who owned a factory in England, on a credit of four and six months. The goods were shipped at Liverpool on board the Cambridge, and consigned to the defendants, they paying freight. About the 7tli of April, 1842, the ship arrived in New-York, and on that day the defendants, having received the bill of lading, paid…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Goods may he stopped so long as the transit continues, whether by land or water, from the consignor to the consignee; and whether they are in the hands of the carrier, a warehouse-keeper, wharfinger, or any other middle-man connected with the transportation. The right of stoppage ceases when the goods have reached their place of destination, and have come to the actual or constructive possession of the consignee. It was once said by Lord Kenyon, that the goods must have come to the corporal touch of the consignee ; but he afterwards wished that the expression had…
2Cited by6 opinions
- Harris v. . PrattNew York Court of Appeals · 1858
- Harris v. HartThe Superior Court of New York City · 1857
- Guilford v. SmithSupreme Court of Vermont · 1858
- Hoover v. TibbitsWisconsin Supreme Court · 1860
- Fraschieris v. HenriquesNew York Court of Common Pleas · 1868
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