Mallory v. Burrett
New York Court of Common Pleas
This case came up on the plaintiffs’ appeal from a judgment in favor of the defendant, entered at a special term upon a verdict.
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This case came up on the plaintiffs’ appeal from a judgment in favor of the defendant, entered at a special term upon a verdict. The facts are fully set forth in the opinion of Woodruff, J. The cause was tried before Daly, J., who charged the jury, among other things, as follows : The defendant, as owner of the goods, is not bound to pay the plaintiffs, or any intermediate carrier, any higher rate of freight or charges than he agreed to pay to the party with whom he made the contract, whether the plaintiffs or intermediate carriers knew of such contract or not. It appears the goods were…
1Opinion of the CourtWoodruff, J.
Messrs. Roots and Clark delivered to a transportation line at Cincinnati, Ohio, 50 bales of bagging or hemp sacks, under an agreement in writing that they should be transported to New York and delivered to the defendant for a stipulated freight, to be paid by the defendant on delivery, to wit, §228 80 for freight, and §217 43 charges—together amounting to §446 23.
On the arrival of the goods in New York, they were found to be damaged to an amount exceeding the stipulated freight and charges, and the defendant thereupon refused to pay for the transportation of the goods, or the charges thereon.
T…
2Cases cited2 opinions
- Jaques v. ToddNew York Supreme Court · 1829
- Allen v. SmithNew York Supreme Court · 1828
3Cited by2 opinions
- Knight v. Prov. Worces. R.R. Co.Supreme Court of Rhode Island · 1882
- Vaughan v. Prov. Worces. R.R. Co.Supreme Court of Rhode Island · 1882