Wolfe v. J. Myers & Co.
The Superior Court of New York City
This was an action of assumpsit to recover damages for not delivering, pursuant to a bill of lading, a cargo of wheat shipped at Buffalo, by a boat called the Salem; and was tried before the Chief Justice, on the 11th of December, 1848. The plaintiff read in evidence the following bill of lading or contract, viz. 66 No.- 66 Buffalo, June 3,1847. “ Shipped in good order, by John T. Noye, on board of canal boat Salem, Troy & Ohio Line, whereof-is master, the following…
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This was an action of assumpsit to recover damages for not delivering, pursuant to a bill of lading, a cargo of wheat shipped at Buffalo, by a boat called the Salem; and was tried before the Chief Justice, on the 11th of December, 1848. The plaintiff read in evidence the following bill of lading or contract, viz. 66 No.- 66 Buffalo, June 3,1847. “ Shipped in good order, by John T. Noye, on board of canal boat Salem, Troy & Ohio Line, whereof-is master, the following articles'to be delivered in like good order, as addressed. H. H. Wolfe. Hew York. 2600 Bus. Wheat. Freight to Hew York, 87cts.…
1Opinion of the Court
By the Court. Oakley, Ch. J.
The question involved in this case, which was much contested, and is not free from difficulty, is the admissibility of the evidence of verbal directions given-relative to the shipment of the wheat, differing from the bill of lading, as it is called, which was delivered to the plaintiff. The paper is not, however, technically speaking, a bill of lading, because that is signed by the master of the vessel on which the goods are laden, while this is signed by the owners of the canal boat. It is, nevertheless, a plain stipulation by those owners that the wheat in…
2Cited by5 opinions
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- McCarty v. EdwardsNew York Supreme Court · 1861
- Sutton v. KettellDistrict Court, D. Massachusetts · 1855