Bates v. Stanton
The Superior Court of New York City
The complaint alleged that the defendants were the owners and master of the ship Hero, one of a line of packet ships sailing at stated periods between Hew York and Hew Orleans, called “ Stanton’s Line,” for the transportation of freight and merchandise for hire, and that the defendant, Stanton, was the agent of the line, and engaged in receiving and sending freight and merchandise for hire from Hew York to Hew Orleans, and forwarding it to St. Lords and other places above…
Read the full summary
The complaint alleged that the defendants were the owners and master of the ship Hero, one of a line of packet ships sailing at stated periods between Hew York and Hew Orleans, called “ Stanton’s Line,” for the transportation of freight and merchandise for hire, and that the defendant, Stanton, was the agent of the line, and engaged in receiving and sending freight and merchandise for hire from Hew York to Hew Orleans, and forwarding it to St. Lords and other places above and beyond that place. That on the 3d day of April, 1848, the plaintiff, being the owner of 125 cases of boots and shoes,…
1Opinion of the CourtBy the Court. Duer, J.
That a bailee cannot, in ordinary *85cases, dispute the title of his bailor, no more than a tenant that of his landlord, is familiar law, but we have not been able to discover that the rule applies with greater stringency to the relation between a common carrier and a shipper, than to any other form or species of bailment. The bill of lading, it is true, contains an admission of the ownership of the goods, and it contains also an admission of their actual shipment and of their sound condition. It appears, however, to be settled, that in neither of these cases does the admission operate as an…
2Cases cited4 opinions
- Livingston & Gilchrist v. Maryland InsuranceSupreme Court of the United States · 1810
- Barrett v. RogersMassachusetts Supreme Judicial Court · 1811
- Maryland Insurance v. Ruden's AdministratorSupreme Court of the United States · 1810
- Whittier v. SmithMassachusetts Supreme Judicial Court · 1814
3Cited by28 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Bliven Mead v. . Hudson River R.R. Co.New York Court of Appeals · 1867
- Western Transportation Co. v. . BarberNew York Court of Appeals · 1874
- Hill v. BainSupreme Court of Rhode Island · 1885
- Pulliam v. BurlingameSupreme Court of Missouri · 1883
23 more not listed; retrieve them via the Exa API.