Ellis v. . Willard
New York Court of Appeals
The plaintiff brought his action to recover the balance alleged to be due for the freight of a quantity of corn from Buffalo to Pecksport on the Chenango canal, and a quantity of dry hides from Buffalo to Utica.
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The plaintiff brought his action to recover the balance alleged to be due for the freight of a quantity of corn from Buffalo to Pecksport on the Chenango canal, and a quantity of dry hides from Buffalo to Utica. The cause was tried by a referee, who found that the hides were delivered at "Utica, and a part of the corn at Pecksport, and a part at Deansville, ten miles short of Pecksport; that according to the contract price there was due the plaintiff the sum of $62.97; that a part of the hides were wet and in bad order when delivered at Utica, and that they were in like bad order when…
1Opinion of the Court
The bills of lading signed by the plaintiff were in the usual form, acknowledging that the property was shipped in good order and agreeing to deliver the same at the places of destination in like good order. It is claimed by the defendant that by it the plaintiff is estopped from showing the true condition of the property at the time of shipment, and the principal exception in the case is to the decision of the referee admitting evidence upon that point, and in giving effect to it in his final report, and exonerating the plaintiff from liability upon proof that the hides were in a damaged…
2Cases cited6 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Creery v. HollyNew York Supreme Court · 1835
- Barrett v. RogersMassachusetts Supreme Judicial Court · 1811
- Maryland Insurance v. Ruden's AdministratorSupreme Court of the United States · 1810
- Dickerson v. SeelyeNew York Supreme Court · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Armour v. . Michigan Central R.R. Co.New York Court of Appeals · 1875
- Morris v. DavisCourt of Appeals of Texas · 1928
- Johnson v. D. H. Bibb Lumber Co.California Supreme Court · 1903
- The Presque IsleDistrict Court, W.D. New York · 1905
- Van Santen v. . Standard Oil CompanyNew York Court of Appeals · 1880
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