Earnest v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Euretta Earnest, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Steuben on the 10th day of December, 1910, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Steuben Trial Term.
1Opinion of the Court
Spring, J.:
On the 2d day of November, 1908, the plaintiff delivered to the defendant, a common carrier, at its station in Bath, N. Y., 240 *332barrels of apples, consigned to the order of the First National Bank of Wayland, N. Y., and destined for Chicago, 111. The contract or bill of lading made by the defendant was delivered to the plaintiff and the same was attached by the latter to a sight draft upon Train, Letterman & Ford, of Chicago, 111., for $660, payable to the order of the said First National Bank of Wayland, N. Y.; and this draft was, with the bill of lading, sent through the bank for…
2Cases cited6 opinions
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Wamsley v. . Atlas Steamship Co.New York Court of Appeals · 1901
- Sloan v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Dudley v. Chicago, Milwaukee & St. Paul Ry. Co.West Virginia Supreme Court · 1906
- Brand v. WeirAppellate Terms of the Supreme Court of New York · 1899
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3Cited by6 opinions
- Strickland Transp. Co., Inc. v. American Distributing CoCourt of Appeals for the Fifth Circuit · 1952
- Nashville, Chattanooga & St. Louis Railway v. Truitt Co.Court of Appeals of Georgia · 1915
- Reed Oil Co. v. SmithSupreme Court of Georgia · 1922
- Hoffman v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1929
- Southern California Commercial Co v. AlbertiCalifornia Court of Appeal · 1922
1 more not listed; retrieve them via the Exa API.