Mayell v. Potter
New York Supreme Court
This was a special action on the case, on a bill of lading signed by the defendant, as master of the schooner Dove, at New York, on the 31st January, 1799, in which he acknowledged the receipt of four cases of merchandize to be delivered to Najah Taylor, or his assigns, at Norfolk, in Virginia, and which the plaintiff averred had not been delivered.
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This was a special action on the case, on a bill of lading signed by the defendant, as master of the schooner Dove, at New York, on the 31st January, 1799, in which he acknowledged the receipt of four cases of merchandize to be delivered to Najah Taylor, or his assigns, at Norfolk, in Virginia, and which the plaintiff averred had not been delivered. The facts were, that Najah Taylor left New York a few days before the defendant sailed,, and arrived at Norfolk about the 6th February, 1799, and remained there until the 26th February, but did not reside in Norfolk. He only went there on…
1Opinion of the CourtLewis, J.
That common carriers are, by the general law on that subject, bound to deliver goods according to their engagements, is not to be disputed. The questions which arise here are, whether the defendant has not complied with the spirit of his engagement ; whether he is liable for accidental mistakes; and whether he is answerable for the mistake of Allen. Here the plaintiff thought proper to make a consignee of a transient person, having neither residence nor agent at Norfolk, and sailing in a different vessel from the one which carried his goods. The defendant disposed of the goods according to…
2Cases cited6 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cole v. Goodwin & StoryNew York Supreme Court · 1838
- Gibson v. CulverNew York Supreme Court · 1837
- Powell v. MyersNew York Supreme Court · 1841
- Cope v. CordovaSupreme Court of Pennsylvania · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fine v. BarrettNew York Supreme Court · 1913
- First Commercial Bank v. ValentineAppellate Division of the Supreme Court of the State of New York · 1914
- Love v. DavisSupreme Court of Alabama · 1854
- The GraftonDistrict Court, S.D. New York · 1844