Conkling v. Brooklyn Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Brooklyn Lumber Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of April, 1896, upon the verdict of a jury rendered hy direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order entered in said clerk’s office on the 4th day of May, 1896, denying the defendant’s motion for a…
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Appeal by the defendant, the Brooklyn Lumber Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of April, 1896, upon the verdict of a jury rendered hy direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order entered in said clerk’s office on the 4th day of May, 1896, denying the defendant’s motion for a new trial made upon the minutes. The action is brought to recover damages in the nature" of demur-rage from the…
1Opinion of the Court
Cullen, J.:
The general rule of law is that as the consignee is not a party to the original contract of affreightment he is not bound to accept the cargo at any particular time and incurs no responsibility by a refusal *405or delay in accepting it. He becomes a party to the contract by accepting the cargo, but then to no further extent than as the conditions of the contract are expressed in the bill of lading. Where the bill of lading makes no provision for demurrage, the consignee incurs no liability therefor. (Gage v. Morse, 94 Mass. 410.) Still there is an exception to the general rule and a…
2Cases cited2 opinions
- Dayton v. . ParkeNew York Court of Appeals · 1894
- Gage v. MorseMassachusetts Supreme Judicial Court · 1866
3Cited by4 opinions
- Zarati SS Co. v. Park Bridge CorporationCourt of Appeals for the Second Circuit · 1946
- Erie Railroad v. WaiteNew York Supreme Court · 1909
- Merritt & Chapman Derrick & Wrecking Co. v. VogemanDistrict Court, S.D. New York · 1904
- Zarati SS Co. v. Park Bridge CorporationCourt of Appeals for the Second Circuit · 1946