Strong v. Grand Trunk R. R.
Michigan Supreme Court
Case made for review from Wayne Circuit. This was an action of assumpsit, brought by the plaintiff as owner of the schooner Swallow, to recover a balance of freight due upon a cargo of corn carried in plaintiff’s vessel from Chicago to Sarnia, and delivered to defendants as intermediate consignees. The object of the suit was to test the right of an intermediate consignee to deduct shortage, when it does not arise from the fault of the prior carrier.
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Case made for review from Wayne Circuit. This was an action of assumpsit, brought by the plaintiff as owner of the schooner Swallow, to recover a balance of freight due upon a cargo of corn carried in plaintiff’s vessel from Chicago to Sarnia, and delivered to defendants as intermediate consignees. The object of the suit was to test the right of an intermediate consignee to deduct shortage, when it does not arise from the fault of the prior carrier. The declaration consisted of three special counts, averring in as many different forms, an indebtedness of the defendants for freight, due upon…
1Opinion of the Court
Cooley J.
This case presents questions regarding the proof and validity of a mercantile custom, by which an intermediate consignee is authorized to deduct from the back freight earned, any deficiency in. the cargo, as shown by a comparison of the bill of lading with the measurement of the carrier receiving it.
It appears that the plaintiff’s vessel, the schooner Swallow, took- on board a quantity of corn at Chicago, consigned to the Bank of Montreal, Coburg, and stated in the bill of lading to be 20,034-f$- bushels. This was the measurement of the elevator at Chicago, and was supposed at the…
2Cases cited9 opinions
- Hearsey v. PruynNew York Supreme Court · 1810
- Bissel v. PriceIllinois Supreme Court · 1855
- Ellis v. . WillardNew York Court of Appeals · 1854
- Barker v. HavensNew York Supreme Court · 1819
- Dickerson v. SeelyeNew York Supreme Court · 1851
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Black v. WalterMichigan Supreme Court · 1890
- Michigan Central Railroad v. LantzMichigan Supreme Court · 1875
- Law v. BotsfordDistrict Court, E.D. Michigan · 1886
- St. James v. Embury-Martin Lumber Co.Michigan Supreme Court · 1922