Hatch v. New York Central Railroad

Taylor, Harry L., J.

The plaintiff shipped a carload of wheat to one David Heffer, as consignee, at Baldwinsville, N. Y. The shipment was pursuant to an order bill of lading which, with sight draft for $2,347.93 attached, was forwarded to the State Exchange Bank. The wheat was later delivered to the consignee, but the bill of lading was not taken up. Later both the bill of lading and the sight draft were returned to the shipper by the bank.

The plaintiff has sued for damages, claiming that the measure thereof is the amount of the sight draft. After taking a jury it was stipulated by the parties…