Kleinhans v. Canadian Pacific Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, in favor of defendant.
1Opinion of the CourtGuy, J.
In April, 1913, plaintiff purchased a quantity of potatoes in Houlton, Maine, which were delivered by the seller to defendant railway, consigned to the seller at New York city, the bill of lading, which was negotiable, stating that the shipment was consigned to “ Order of W. R. Yerza (the seller), destination 33rd Street, New York City; notify E. Kleinhans.” Attached to the bill of lading was a draft drawn by the seller for $294.40, the purchase price, less the freight charges, made to the order of a bank in Houlton, containing the words," No protest. Deliver goods only on payment of draft,”…
2Cases cited4 opinions
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- Bailey v. . Hudson River R.R. Co.New York Court of Appeals · 1872
- Sawyer v. . DeanNew York Court of Appeals · 1889
- Constantin v. A. H. & F. H. Lippincott, Inc.Appellate Terms of the Supreme Court of New York · 1915