Isham v. Greenham
Ohio Superior Court, Cincinnati
On the trial, the plaintiff proved ¡that his correspondent in Toledo, Ohio, in September last, shipped on the canal boat St. Mary’s, of which the defendant was master, thirty tons of ice, to be carried to Cincinnati, and delivered to plaintiff without delay; the stipulated freight being eighty dollars and the canal tolls in addition. The defendant signed a bill of lading, embodying the contract as proved.
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On the trial, the plaintiff proved ¡that his correspondent in Toledo, Ohio, in September last, shipped on the canal boat St. Mary’s, of which the defendant was master, thirty tons of ice, to be carried to Cincinnati, and delivered to plaintiff without delay; the stipulated freight being eighty dollars and the canal tolls in addition. The defendant signed a bill of lading, embodying the contract as proved. On the arrival of the boat at Cincinnati, the plaintiff called upon the defendant and expressed his readiness to receive the ice, stating at the same time, as the weather was very hot, it…
1Opinion of the CourtStoker, J.
The defendant asks for a new trial, on the ground that his lien for freight gave the right to retain the property *359until the amount was paid, or tendered, by the plaintiff; and though there was an offer to pay the freight, there was no exhibition of the money to the defendant at the time the offer was made, and the defendant therefore, might well refuse to deliver, until he was satisfied of the plaintiff’s ability to pay, should the tender have been accepted.
The plaintiff on the other hand, insists that the defendant had no lien but for the freight agreed to be paid, and the assertion of a…
2Cases cited1 opinion
- Hammond v. Gilmore's AdministratorSupreme Court of Connecticut · 1841
3Cited by9 opinions
- Doup v. AlmandSupreme Court of Arkansas · 1948
- Moran Bros. v. Northern Pacific RailroadWashington Supreme Court · 1898
- Pecos & N. T. Ry. Co. v. PorterCourt of Appeals of Texas · 1916
- Rich v. RosenthalSupreme Court of Arkansas · 1954
- Andrews v. WatsonOhio Circuit Courts · 1890
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