Krulder v. . Ellison
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action is brought to recover the value of a barrel of spirits shellac delivered to defendants, who were common carriers upon the canal, consigned to He well & Turpin of Rochester, and alleged to have been lost by the defendants.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action is brought to recover the value of a barrel of spirits shellac delivered to defendants, who were common carriers upon the canal, consigned to He well & Turpin of Rochester, and alleged to have been lost by the defendants. The shellac was sent by a boat of defendants pursuant to the following order: “ Send us, via canal, one barrel imitation shellac, such as you sent us last. “SEWELL & TURPIS, Rochester.” Upon the…
1Opinion of the CourtPeckham, J.
Had the plaintiff, the vendor of the goods, the right to maintain an action for their loss % Here the evidence shows that Hewell & Turpin, of Rochester, had ordered the goods from plaintiff, of Hew York city, to be sent to them “ via canal, such as you sent last.” Plaintiff sent them a bill by mail of the purchase, and shipped the goods “ via canal,” by defendant’s boat. Plaintiff also remitted to the purchasers a bill of-sale of the goods.
The presumption of law is, that the consignee is the owner of the goods in the absence of any evidence on the subject, and is the proper party to sue, for…
2Cases cited2 opinions
- Everett v. SaltusNew York Supreme Court · 1836
- People v. HaynesCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by36 opinions
- Pennsylvania R.R. Co. v. . TitusNew York Court of Appeals · 1915
- Hecht v. Boston Wharf Co.Massachusetts Supreme Judicial Court · 1915
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
- Finn v. Western RailroadMassachusetts Supreme Judicial Court · 1873
- Bloyd v. PollockWest Virginia Supreme Court · 1885
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