Varble v. Bigley
Court of Appeals of Kentucky
Case 45 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The contract of the carrier is to deliver the goods to the consignee, at the place named by the consignor, unless the consignee directs them to be delivered at a different ¿lace. (1 Chitty on Contracts, 11th Am. ed., p. 707.) 2. The delivery must be at the place designated and in accordance with the usage.
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Case 45 — PETITION ORDINARY APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The contract of the carrier is to deliver the goods to the consignee, at the place named by the consignor, unless the consignee directs them to be delivered at a different ¿lace. (1 Chitty on Contracts, 11th Am. ed., p. 707.) 2. The delivery must be at the place designated and in accordance with the usage. (1 Parsons on Shipping and Admiralty, p. 222, note 6; Gibson v. Culver, 17 Wend. 305; 2 Vermont, 180.) 3. The barge‘was delivered by the carrier and taken charge of by the consignees in compliance with the contract and…
1Opinion of the Court
JUDGE COFER
delivered the opinion op the court.
The appellants, who alleged that they were.and for many years had been engaged in the towboat and jobbing business, on the Ohio River and its tributaries, brought this action against the appellee to recover the agreed compensation for towing a coalboat containing twenty thousand bushels of coal, from Pittsburgh, Pa., to a place called “the Pumpkin Patch,” above Jeffersonville, in the state of Indiana; and also to recover for an alleged indebtedness on other accounts, not necessary to be stated.
The appellee denied that the coalboat had been…
2Cases cited5 opinions
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
- Robert Boyce, in Error v. Paul Anderson, in ErrorSupreme Court of the United States · 1829
- Caton v. RumneyNew York Supreme Court · 1835
- Smith v. PierceSupreme Court of Louisiana · 1830
- Adams v. New-Orleans Steam Tow-Boat Co.Supreme Court of Louisiana · 1837
3Cited by9 opinions
- McIntyre v. HarrisonSupreme Court of Georgia · 1931
- Cushing v. WhiteWashington Supreme Court · 1918
- Stoner v. UndersethMontana Supreme Court · 1929
- Dawkins Lumber Co. v. L. Carpenter & Co.Court of Appeals of Kentucky (pre-1976) · 1926
- Hall v. Cumberland Pipe Line Co.Court of Appeals of Kentucky · 1922
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