Bentley v. Bustard
Court of Appeals of Kentucky
APPEAL, FROM JEFFERSON CIRCUIT. The facts of the case are stated in the opinion oí the Court. Rep. Argued: 1. That the circuit court erred in overruling the demurrer to the plaintiffs’ petition. The suit is on a bill of lading, which promises conveyance 'and safe delivery, “the dangers of the river and fire excepted.” The petition does not negative loss by dangers of the river, and therefore shows no cause of action. (Cited Gbztty's Plead. 6 Lon.
Read the full summary
APPEAL, FROM JEFFERSON CIRCUIT. The facts of the case are stated in the opinion oí the Court. Rep. Argued: 1. That the circuit court erred in overruling the demurrer to the plaintiffs’ petition. The suit is on a bill of lading, which promises conveyance 'and safe delivery, “the dangers of the river and fire excepted.” The petition does not negative loss by dangers of the river, and therefore shows no cause of action. (Cited Gbztty's Plead. 6 Lon. Ed., 309,334-5.) If a contract be stated as absolute, it will not be supported by. proof of a contract containing an excepfiion from certain classes…
1Opinion of the CourtChief Justice Marshall
This action, by ordinary petition, was brought on the 9th of March, 1853, by E. Bustard against Bentley and others, as owners of the steamboat Glendy Burke, of which J. Bentley was captain or master, to recover damages for the non-delivery of a large quantity of molasses, in barrels and half barrels, part of that which had been received by the boat at or near New Orleans, to be transported to and delivered at Louisville or Portland, the dangers of the river and fire only excepted. The bill of lading containing the number and marks of the barrels, and the contract for transportation, is…
2Cited by6 opinions
- Western Assurance Co. v. RayCourt of Appeals of Kentucky · 1899
- City of Louisville v. Snow's AdministratorCourt of Appeals of Kentucky · 1900
- Adams Express Co. v. CookCourt of Appeals of Kentucky · 1915
- The OntarioDistrict Court, E.D. Michigan · 1889
- Bartley v. Ford'sCourt of Appeals of Kentucky (pre-1976) · 1927
1 more not listed; retrieve them via the Exa API.