Stannard v. . Prince
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by plaintiffs as forwarders to recover charges and advances on a quantity of marble received and shipped by them for defendant.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by plaintiffs as forwarders to recover charges and advances on a quantity of marble received and shipped by them for defendant. Plaintiffs were engaged in business as forwarders at Troy, H. Y. In the fall of 1865 they received by railroad a quantity of marble consigned to them, belonging to and to be forwarded to defendant at Philadelphia, and they paid the charges, procured a canal boat to…
1Opinion of the Court
Church, Ch. J.
The plaintiffs, in receiving the marble at Troy, engaging the boat Smith for its transportation to Philadelphia, and advancing a portion of the freight, acted as forwarders simply, and not as carriers. They had no interest in the freights, nor in boats or vessels, nor did they assume to act as carriers in the particular transaction. Judge Story defines “ forwarding merchants ” as “ a class of persons well known in America, and usually combine in their business the double character of warehousemen and agents, for a compensation, to ship and forward goods to their destination,” *…
2Cases cited1 opinion
- Teall v. SearsNew York Supreme Court · 1850