Kingston 1686 House, Inc. v. B.S.P. Transportation, Inc.

There are two issues in this case: whether the attempted delivery of goods by a carrier to a consignee at a time when the consignee’s business is normally closed is a proper tender of delivery, and, if not, whether the carrier’s later refusal to deliver the goods until the consignee had paid extra delivery and storage charges constitutes conversion of the goods. We hold that *94the carrier did not properly tender delivery, and we remand the case for determination of the issue of conversion.

The facts are not in dispute. The plaintiff, Kingston 1686 House, Inc., is a restaurant in Kingston;…