Atlantic Navigation Co. v. Johnson
The Superior Court of New York City
Appeal by the plaintiffs, from a judgment entered upon the report of a referee. The action was bought by the plaintiffs, as carriers, against the defendants, as consignors, for freight upon a cargo of oats; also to recover damages for the detention of the vessel.
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Appeal by the plaintiffs, from a judgment entered upon the report of a referee. The action was bought by the plaintiffs, as carriers, against the defendants, as consignors, for freight upon a cargo of oats; also to recover damages for the detention of the vessel. The complaint alleged that the plaintiffs, the Atlantic Navigation Company, were a corporation created by and under the laws of the state of New York for the purpose of owning and running sailing and steam vessels from the city of New York and elsewhere, and having its place of business in the city of New York. That the plaintiffs,…
1Opinion of the Court
By the Court,
Robertson, Ch. J.
The first question presented'in this action is whether the plaintiffs performed their contract for the delivery of the cargo in question,- according to general rules of law regulating such delivery. If they did they were entitled to recover. If they did not, a further investigation may become necessary, to ascertain if the peculiar facts of the case warrant a deviation from such general rules, by admitting a delivery out of the ordinary mode.
By the terms of the bill of lading the merchandise was deliverable at Alexandria to the defendants or their assigns. Mr.…
2Cases cited7 opinions
- Gibson v. CulverNew York Supreme Court · 1837
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
- Price v. . PowellNew York Court of Appeals · 1850
- Cope v. CordovaSupreme Court of Pennsylvania · 1829
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1844
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