Wilcox v. Parmelee
The Superior Court of New York City
Motion by the defendant for a new trial, upon a case. The action was brought against the defendant as a common carrier, to recover the value of goods entrusted to him for transportation. ' The cause was tried at the Hew York circuit in January, 1848, before the Hon. H. P. Morse, one of the justices of the supreme court. The jury found a verdict for the plaintiff, for the value of the goods.
1Opinion of the CourtBy the Court. Campbell, J.
The plaintiff, a merchant in Ohio, purchased in the city of Hew York a quantity of merchandise, which the defendant undertook to forward to Fairport in Ohio. The agreement was in the following words “ Hew York, August 28,1845. I hereby agree to forward the goods *611of Mr. A. Wilcox from New York to Eairport for fifty-five (55) cents by vessel, and sixty-five (65) cents per 100 lbs. by steam, to the close of the present season'. Those goods marked 6 steam ’ to go by steam. All other goods to be shipped by vessel from Buffalo.” The goods in question were purchased in the fall of that year, and…
2Cases cited1 opinion
- Fairchild v. SlocumNew York Supreme Court · 1838
3Cited by12 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Ala. Great Southern Railroad v. Thomas & SonsSupreme Court of Alabama · 1887
- Cherry v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1895
- Dillon v. New York & Erie RailroadNew York Court of Common Pleas · 1856
- Page v. Chicago, St. P. M. & O. Ry. Co.South Dakota Supreme Court · 1895
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