Sheets v. Wilgus
New York Supreme Court
APPEAL from a judgment for the plaintiff ordered at the circuit, upon atrial before the court, a jury having been waived. The action was brought to recover a balance of $183.34, with interest thereon, which the plaintiff claimed to be due to him, for freight on a cargo of oats, which, as a common carrier, he transported from Buffalo to the city of New York, consigned to the defendant.
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APPEAL from a judgment for the plaintiff ordered at the circuit, upon atrial before the court, a jury having been waived. The action was brought to recover a balance of $183.34, with interest thereon, which the plaintiff claimed to be due to him, for freight on a cargo of oats, which, as a common carrier, he transported from Buffalo to the city of New York, consigned to the defendant. The defendant claimed that he was merely an agent of t'he firm of Pease & Trowbridge, to collect certain freights for them, earned by the plaintiff’s canal boat, and that under their instructions he collected…
1Opinion of the Court
By the Gourt,
Foster, J.
Upon the question whether the plaintiff delivered to the defendant all the oats which he received oil his boat at Buffalo, the evidence was conflicting. The defendant showed by his witnesses that when delivered the weight was some two hundred bushels less than it was when received by the plaintiff, as shown by the shipping bill. The plaintiff showed by his testimony that some of the weights at Brooklyn, when it was delivered, were not accurate, and his proofs are strong to show'that at least all that he received was delivered to the defendant. 'So too, in regard to the…
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