Western Transportation Co. v. . Hoyt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon an order non-suiting plaintiff on trial. This action was brought by plaintiff as a common carrier to recover freight and charges on a cargo of oats alleged to have been transported for and delivered to defendants.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon an order non-suiting plaintiff on trial. This action was brought by plaintiff as a common carrier to recover freight and charges on a cargo of oats alleged to have been transported for and delivered to defendants. Plaintiff received the oats at Buffalo, giving the following bill of lading therefor : “ Buffalo, October §th, 1869. Shipped by Barclay, Bruce & Co.,"in apparent good order, on board canal boat Clio,’ of W. T. Co. Line, Captain-,…
1Opinion of the Court
Church, Ch. J.
The decision in the case of the present plaintiff against Barber (56 N. Y., 544), disposes of some of the questions involved in this case. That was an action for conversion against the warehouseman for delivering the oats to the defendants, and it was there held that the proper construction of the bill of lading was to give the defendants, who were consignees, three full week days to discharge the cargo, and such reasonable time after that period as the circumstances might require, upon paying the specified demurrage, but that the carrier might terminate this additional…
2Cases cited3 opinions
- Western Transportation Co. v. . BarberNew York Court of Appeals · 1874
- Rogers v. Holly & JarvisNew York Supreme Court · 1837
- Davis v. . PattisonNew York Court of Appeals · 1862
3Cited by8 opinions
- Braithwaite v. AikinNorth Dakota Supreme Court · 1891
- New York Central & Hudson River Railroad v. Standard Oil Co.New York Court of Appeals · 1882
- Bates v. WhiteNew York Supreme Court · 1888
- Knight v. Prov. Worces. R.R. Co.Supreme Court of Rhode Island · 1882
- Knight v. Providence & Worcester RailroadSupreme Court of Rhode Island · 1882
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