Legal Opinion

Monteith v. Kirkpatrick.

U.S. Circuit Court for the District of Southern New York

Decided May 22, 1855PublishedCited by 4 opinions

[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in personam, filed in the district court [by George Monteith and others against Charles Kirkpatrick], to recover freight and charges for the transportation of 850 barrels of flour from a port in Canada through Lake Ontario and the canal to Albany, and thence to New York.

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[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in personam, filed in the district court [by George Monteith and others against Charles Kirkpatrick], to recover freight and charges for the transportation of 850 barrels of flour from a port in Canada through Lake Ontario and the canal to Albany, and thence to New York. After a decree in the district court in favor of the libel-lants, the respondent appealed to this court.

1Opinion of the Court

NELSON, Circuit Justice.

Perry & Van Dyck, of Oswego, shipped the flour in question in this ease, to John Wilmot, in care of the defendant, at New’ York, subject to charges for- freight through Lake Ontario, which were $132 13, and chargeable with 43 cents per barrel, freight from Qswego to New York. They wrote on the face of the bill of lading, “Pay charges to Albany Canal Line, on safe delivery.” Franklin & Austin, of Oswego, forwarders on the canal, receipted the bill of lading, as follows: “Received the above in good order, for Albany Canal Line.” The flour was received at Albany in…

2Cited by4 opinions

  1. California-Atlantic S. S. Co. v. Central Door & Lumber Co.Court of Appeals for the Ninth Circuit · 1913
  2. McArdle Real Estate Co. v. McGowanSupreme Court of New Jersey · 1932
  3. The New HampshireDistrict Court, E.D. Michigan · 1880
  4. New York & Cuba Mail S. S. Co. v. Maldonado & Co.Court of Appeals for the Second Circuit · 1915

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