Canfield v. Northern Railroad
New York Supreme Court
This was an action to recover the freight on a cargo of wheat, shipped on board the plaintiff’s vessel, at Detroit, under a bill of lading as follows: “ Detroit, Nov. 15,1853. Shipped in good order and condition, by H. N. Strong as agent, and. forwarder for account and risk of whom it may concern, on board the schooner Argo, whereof Wilcox is master, bound for Ogdensburgh, the following articles as here marked and described, to be delivered, in like good order and condition,…
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This was an action to recover the freight on a cargo of wheat, shipped on board the plaintiff’s vessel, at Detroit, under a bill of lading as follows: “ Detroit, Nov. 15,1853. Shipped in good order and condition, by H. N. Strong as agent, and. forwarder for account and risk of whom it may concern, on board the schooner Argo, whereof Wilcox is master, bound for Ogdensburgh, the following articles as here marked and described, to be delivered, in like good order and condition, as addressed in the margin, or to his or their assigns, or consignees, upon paying the freight and charges as noted…
1Opinion of the Court
By the Court, Hubbard, P. J.
There are two principal questions arising on this appeal. 1. Whether this action, on the implied assumpsit, can be maintained against the defendants *588who are not the owners of the property, and not in any way connected with the title, but are simply consignees for the special purpose of custody and further transportation as common carriers. 2. If maintainable, whether the defendants were authorized to require of the master an adjustment of the wheat deficient, and the deduction of the value of it, from the freight, as a condition of payment.
Both these points of…
2Cited by5 opinions
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- Young v. BushNew York Supreme Court · 1868
- Strong v. Grand Trunk R. R.Michigan Supreme Court · 1867
- Michigan Central Railroad v. LantzMichigan Supreme Court · 1875
- Blatchford v. NewberryIllinois Supreme Court · 1880