Pacific Iron Works v. . Long Island R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover for certain goods alleged to have been sold and delivered by plaintiff to defendant.
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Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover for certain goods alleged to have been sold and delivered by plaintiff to defendant. The referee found, in substance, that plaintiff agreed to make certain castings for defendant; that when completed they were to be shipped at Bridgeport, on board the City of Bridgeport, a steamer running between that city and New York, and to give the defendant notice of the shipment, and to…
1Opinion of the CourtAllen, J.
Upon the evidence the referee might have found that the contract was for the delivery of the castings on board the steamer City of Bridgeport consigned to the defendant, and the payment of freight thereon to Peck Slip, New York. Under such a contract the delivery would have been complete, and the property would have passed, by the delivery of the goods at the place of shipment, to the carrier selected by the defendant, and the payment of the charges to the point of destination. (Krulder v. Ellison, 47 N. Y., 36, and cases cited by Peokham, J.) The referee has. found the contract more…
2Cases cited1 opinion
- Krulder v. . EllisonNew York Court of Appeals · 1871
3Cited by14 opinions
- In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Acme Food Co. v. OlderWest Virginia Supreme Court · 1908
- Bloyd v. PollockWest Virginia Supreme Court · 1885
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
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