Legal Opinion

Salant v. Pennsylvania Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 3, 1919PublishedCited by 6 opinions

Appeal by the defendants, Pennsylvania Railroad Company and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of January, 1919, denying their motion to dismiss the complaint and to vacate and set aside a requisition in replevin.

1Opinion of the Court

Page, J.:

In order that goods shipped, for which an order bill of lading has been issued by the carrier, shall be exempt from seizure or levy by judicial process without the surrender of the bill to the carrier or it being impounded by the court, the goods must have been delivered to the carrier “ by the owner or by a person whose act in conveying the title to them to a purchaser for value in good faith would bind the owner.” (Fed. Bill of Lading Act, Aug. 29,1916, in effect Jan. 1, 1917; 39 U. S. Stat. at Large, 542, chap. 415, § 23; Pers. Prop. Law [Consol. Laws, chap. 41; Laws of 1909,…

2Cases cited8 opinions

  1. Ex Parte MilliganSupreme Court of the United States · 1867
  2. Ochoa v. Hernandez Y MoralesSupreme Court of the United States · 1913
  3. The "Idaho."Supreme Court of the United States · 1877
  4. Bliven Mead v. . Hudson River R.R. Co.New York Court of Appeals · 1867
  5. Roberts v. Stuyvesant Safe Deposit Co.New York Court of Appeals · 1890

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3Cited by6 opinions

  1. People v. AyalaNew York Supreme Court · 1990
  2. C.B. Q.R.R. Co. v. FowlerMissouri Court of Appeals · 1930
  3. Miller v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1923
  4. First National Bank of Roswell v. McClain, Adams & Co.Court of Appeals of Texas · 1926
  5. Graber v. RubinCity of New York Municipal Court · 1920

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