North v. Merchants & Miners' Transportation Co.
Massachusetts Supreme Judicial Court
Contract to recover the value of certain goods, with a count in tort, for the conversion of the same, alleged to be for the same cause of action.
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Contract to recover the value of certain goods, with a count in tort, for the conversion of the same, alleged to be for the same cause of action. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows: The plaintiffs delivered the goods on August 2, 1-884, to the defendant, a common carrier by water between Boston and Norfolk, Virginia, and took from it a bill of lading, which recited the reception of the goods, and stated that they were to be transported “to the wharf of the above-mentioned company at N., and there to be delivered to the…
1Opinion of the CourtField, J.
The contract of the defendant was to transport the goods by steamship from Boston to its wharf at Norfolk, Virginia, and there deliver them to the order of the plaintiffs, if they were called for by them, and if they paid the freight and charges thereon. The marks on the margin of the bill of lading of “ Windsor, N. C., Care Agent, Portsmouth, Va.,” as well as the directions written across the bill to “Notify M. E. Skirven, Windsor, N. C.,” indicated the intention of the plaintiffs that the goods were to be sent from Norfolk to Windsor; but they *319did not indicate that the goods were to be…
2Cases cited4 opinions
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
- Libby v. IngallsMassachusetts Supreme Judicial Court · 1878
- Brown v. ThissellMassachusetts Supreme Judicial Court · 1850
3Cited by10 opinions
- Chicago & Southeastern Railway Co. v. Fifth National BankIndiana Court of Appeals · 1901
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Ratzer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Minnesota · 1896
- Union Stock Yards Co. v. WestcottNebraska Supreme Court · 1896
- L. & N. R. R. Co. v. Central Stock Yards Co.Court of Appeals of Kentucky · 1906
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