Elwell v. . Skiddy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, ip the second judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict. This action was brought by plaintiffs, as assignees of an alleged claim, for freight and demurrage, against defendants, who were agents of the owners of the cargo of the brig “ Harry Virden,” and who were assignees of the bill of lading. , The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, ip the second judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict. This action was brought by plaintiffs, as assignees of an alleged claim, for freight and demurrage, against defendants, who were agents of the owners of the cargo of the brig “ Harry Virden,” and who were assignees of the bill of lading. , The facts are sufficiently stated in the opinion. When the assignee of a bill of lading is a mere agent for the purpose of receiving the cargo and known to the master as such, he is not liable…
1Opinion of the Court
Daxfobti-i
J. On the' 13th of September, 1869, a charter party was entered into between Walter Collins as master and agent of the vessel Hairy Virden of the first part, and C. M. O’Callaghan of Philadelphia of the second part. By it O’Callaghau chartered the vessel for three consecutive voyages, the first from Canada to Cardenas, and thence to New York ; the second, and third to Cardenas, and was to pay on the second homeward cargo fifty cents per 100 pounds net custom house weight of sugar delivered on discharge thereof. He was to bo allowed in Cuba 105 running days for the three voyages,…
2Cases cited5 opinions
- Hinsdell & Pitcher v. WeedNew York Supreme Court · 1848
- Davis v. . PattisonNew York Court of Appeals · 1862
- The GriffinU.S. Circuit Court for the District of Southern New York · 1858
- Rawley v. WoodruffNew York Supreme Court · 1869
- Parsons v. OgdenU.S. Circuit Court for the District of Southern New York · 1857
3Cited by9 opinions
- Union Pac. R. v. American Smelting & Refining Co.Court of Appeals for the Eighth Circuit · 1912
- United States National Bank v. Union National BankSupreme Court of Pennsylvania · 1920
- Pennsylvania Railroad v. TitusAppellate Division of the Supreme Court of the State of New York · 1913
- Peuser v. MarshAppellate Division of the Supreme Court of the State of New York · 1915
- Crisfield v. . MurdockNew York Court of Appeals · 1891
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