Donovan v. . Standard Oil Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered . December 11,1894, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was brought to recover the freight upon a cargo of lumber. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered . December 11,1894, affirming a judgment in favor of plaintiffs entered upon the report of a referee. This action was brought to recover the freight upon a cargo of lumber. The facts, so far as material, are stated in the opinion. The rights, duties and obligations of the parties are to be adjudged by the charter party or agreement of affreightment, which is a complete agreement, containing all the elements of a contract of affreightment, and not by the bill of lading, and by that…
1Opinion of the CourtO’Brien, J.
The plaintiffs in this action are common carriers upon the lakes, and they have recovered judgment against the defendant on a claim for freight in transporting a cargo of lumber. The defense is, that the plaintiffs failed to deliver over a hundred thousand feet of the lumber constituting the cargo, but suffered the same to be lost on the voyage. It is alleged that the lumber so lost was worth much more at the port of delivery than' the plaintiffs’ claim for freight, and, hence, the defendant seeks not only to defeat the plaintiffs’ recovery, but to recover an affirmative judgment by way of…
2Cases cited7 opinions
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
- Dunham v. . BowerNew York Court of Appeals · 1879
- McPherson v. . CoxNew York Court of Appeals · 1881
- Nelson v. . the H.R.R.R. Co.New York Court of Appeals · 1872
- Park v. . PrestonNew York Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- Lewis v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1914
- Merchants & Miners' Transportation Co. v. EichbergCourt of Appeals of Maryland · 1909
- Robinson v. New York & Texas Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Henry J. Perkins Co. v. American Express Co.Massachusetts Supreme Judicial Court · 1908
3 more not listed; retrieve them via the Exa API.