Canandaigua National Bank v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Cleveland, Cincinnati, Chicago and St. Louis Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ontario on the 19th day of March, 1912, upon the decision of the court rendered after a trial at an adjourned term of the Ontario Trial Term held in Monroe county, a jury having been waived.
1Opinion of the Court
Lambert, J.:
This action involves the value of a carload of apples shipped from Farmington, N. Y., to Terre Haute, Ind. The shipment *54originated upon the Lehigh Valley railroad and the defendant was the delivering carrier. The apples were loaded by the Manchester Produce Company, which concern owned the fruit, having collected and purchased the same in the vicinity of Farmington.
Through a pre-existing arrangement, this fruit was to be shipped to John W. Neumann & Co., a copartnership, which was to market the apples, first remitting to the produce company the cost price thereof, and ultimately…
2Cases cited5 opinions
- City Bank v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1870
- Merchants Bank of Canada v. Union RailroadNew York Court of Appeals · 1877
- National Commercial Bank v. Lackawanna Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Leinkauf Banking Co. v. GrellAppellate Division of the Supreme Court of the State of New York · 1901
- Canandaigua National Bank v. Southern Railway Co.New York Supreme Court · 1909
3Cited by5 opinions
- Turnbull v. Michigan Central RailroadMichigan Supreme Court · 1914
- King v. BarbarinCourt of Appeals for the Sixth Circuit · 1917
- Judson v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1915
- Louisville & Nashville Railroad v. Mengel Co.Court of Appeals of Kentucky (pre-1976) · 1927
- Cohen v. John Curtin, Inc.Appellate Terms of the Supreme Court of New York · 1919