Phelps v. Williamson
The Superior Court of New York City
, On the 31st of January, 1848, the plaintiff shipped at New York, in good order, a quantity of merchandise, on board of a barque called the TJndine, belonging to the defendants, bound for California and Oregon.
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, On the 31st of January, 1848, the plaintiff shipped at New York, in good order, a quantity of merchandise, on board of a barque called the TJndine, belonging to the defendants, bound for California and Oregon. The master of the barque signed and delivered to Phelps a bill of lading in the ordinary form, which acknowledged the receipt of the goods on board in good order, and stated that they were “ to be delivered in like good order, and well conditioned, at the port of San Francisco (the dangers of the seas only excepted) to N. K. Benton, or his assigns, he or they paying freight for the…
1Opinion of the Court
By the Court.
Bosworth, J.
—The rights of the parties under the contract evidenced by the bill of lading, if they are to be determined by that only, are free from doubt. The conveyance and delivery of the goods by the defendants is a condition precedent to their right to freight. The contract is in its nature an entire contract, and must be completely performed by the delivery of the goods at the place of destination, to subject the shipper to a liability to pay any freight. The cases in which a partial payment may be claimed, upon principles of equity, as applicable to particular…
2Cited by5 opinions
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- Kinsman v. New York Mutual InsuranceThe Superior Court of New York City · 1859
- Huth v. New York Mutual InsuranceThe Superior Court of New York City · 1861
- Sherman v. Inman Steamship Co.New York Supreme Court · 1881
- The HarrimanU.S. Circuit Court for the District of California · 1867