New York, New Haven, & Hartford Railroad v. Sampson
Massachusetts Supreme Judicial Court
Contract for $109, the amount of freight charges for the transportation by the plaintiff of two car loads of hay delivered to the defendant. Writ dated April 27, 1910. In the Superior Court the case was tried before Aiken, C. J. The facts which appeared in evidence are stated in the opinion. The plaintiff objected to the admission of any evidence in regard to the defendant’s transactions with one Van Deusen.
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Contract for $109, the amount of freight charges for the transportation by the plaintiff of two car loads of hay delivered to the defendant. Writ dated April 27, 1910. In the Superior Court the case was tried before Aiken, C. J. The facts which appeared in evidence are stated in the opinion. The plaintiff objected to the admission of any evidence in regard to the defendant’s transactions with one Van Deusen. Whereupon the defendant offered to prove that he made a contract with' Van Deusen for five car loads of hay to be delivered at Holyoke; that he paid for the five car loads, including the…
1Opinion of the CourtDe Courcy, J.
One of the terms of both the bills of lading was: “Owner or consignee shall pay freight at the rate herein stated, and all other charges accruing on said property, before delivery.” The defendant, as purchaser and holder of the bills of lading, indorsed by the consignee, became the owner of the hay represented thereby; Forbes v. Boston & Lowell Railroad, 133 Mass. 154; and his acceptance and receipt of the hay would warrant, if it did not require, a finding that he accepted the stipulations contained in the bills of lading and impliedly agreed to pay the freight. Cox v. Central Vermont…
2Cases cited7 opinions
- Pennsylvania R.R. Co. v. . TitusNew York Court of Appeals · 1915
- New York, New Haven, & Hartford Railroad v. York & Whitney Co.Massachusetts Supreme Judicial Court · 1913
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
- Stowell v. GramMassachusetts Supreme Judicial Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- St. John Brothers Co. v. FalksonMassachusetts Supreme Judicial Court · 1921
- Philadelphia & Reading Railway Co. v. International Motor Co.Superior Court of Pennsylvania · 1924
- United States v. LambornCourt of Appeals for the Second Circuit · 1932
- Reading Co. v. SobelmanSuperior Court of Pennsylvania · 1940
- Davis v. RichardsonSuperior Court of Pennsylvania · 1925