D'Utassy v. Mallory Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mallory Steamship Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of October, 1913, granting plaintiff’s motion for judgment sustaining his demurrer tp the first separate defense set forth in defendant’s answer.
1Opinion of the Court
Laughlin, J.:
This action is brought to recover damages to a consignment of 138 bales of cotton alleged to have been caused by fire on one of defendant’s lighters in the port of New York on which it was being transferred from defendant’s steamer, on which it had been transported from Galveston, Tex., to the Maine Steamship Company as a connecting carrier.
The cotton was delivered at Childress, Tex., to the Fort *412Worth and Denver City Railway Company by G. S. Tiffany & Co., consigned to their order at St. John, 1ST. B., Canada, with directions to notify Cornwall and York Cotton Mills Company,…
2Cases cited4 opinions
- Providence & New York Steamship Co. v. Hill Manufacturing Co.Supreme Court of the United States · 1883
- Richardson v. HarmonSupreme Court of the United States · 1911
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Houston Direct Navigation Co. v. Insurance Co. of North AmericaTexas Supreme Court · 1895
3Cited by4 opinions
- Earle & Stoddart, Inc. v. Ellerman's Wilson Line, Ltd.Supreme Court of the United States · 1932
- Porter v. Bank Line, Ltd.District Court, E.D. Virginia · 1927
- Burke v. GULF, C. & S. F. RY. CO.City of New York Municipal Court · 1914
- Schimmel v. Mallory S. S. Co.District Court, S.D. New York · 1928