Bissel v. . Campbell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of plaintiffs entered upon a verdict. This was an action against defendant, as a common carrier, to recover an alleged deficit or shortage in two cargoes of wheat contracted to be transported by him from Buffalo to Hew York. The facts appearing upon the trial, are set fdrth in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of plaintiffs entered upon a verdict. This was an action against defendant, as a common carrier, to recover an alleged deficit or shortage in two cargoes of wheat contracted to be transported by him from Buffalo to Hew York. The facts appearing upon the trial, are set fdrth in the opinion. Plaintiffs were permitted to prove, under objection, tire amount allowed by their agents, Jennison and Sprague, to the consignees for shortage. The measurer’s returns, in the city of…
1Opinion of the Court
Earl, C.
The plaintiffs made a, contract with one Stevens to carry four cargoes of wheat from Buffalo to Hew York, consigned to Dows & Co., two of which cargoes were to be loaded upon the boats of defendant. Plaintiffs’ shipping bill had in it the words C( quantity guaranteed,” and provided that “ damage or deficiency in quantity as specified,” should be deducted from charges by consignees. They made a contract with the defendant for the carriage of the two cargoes upon two of his boats. He executed a shippiiig bill for each boat, acknowledging the shipment of a specified quantity of wheat,…
2Cases cited1 opinion
- Meyer v. . PeckNew York Court of Appeals · 1863
3Cited by4 opinions
- Gerding v. . HaskinNew York Court of Appeals · 1894
- Epstein v. Prosser, New York County Courts1908
- In re the Final Accounting of HayesNew York Supreme Court · 1902
- Mink v. City of AlbanyNew York Supreme Court · 1952