Legal Opinion

Davis v. . Pattison

New York Court of Appeals

Decided March 5, 1862PublishedCited by 9 opinions

Appeal from the Supreme Court. Action to recover the freight upon a quantity of wheat transported by canal from Oswego to Troy, by one Davis, and there delivered to the defendant, under this bill of lading: “ Oswego, Nov. 11,1856. “Received, of John Van Burén, Jr., on board boat 0. A. Myers, of Whitesborough, whereof L. Davis is master, the following property, in good order, to be delivered in good order, as addressed in the margin, without delay ; “ Acc’t L. A, G. B. Grant,…

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Appeal from the Supreme Court. Action to recover the freight upon a quantity of wheat transported by canal from Oswego to Troy, by one Davis, and there delivered to the defendant, under this bill of lading: “ Oswego, Nov. 11,1856. “Received, of John Van Burén, Jr., on board boat 0. A. Myers, of Whitesborough, whereof L. Davis is master, the following property, in good order, to be delivered in good order, as addressed in the margin, without delay ; “ Acc’t L. A, G. B. Grant, Care Grant, Armstrong & Co., New York, and E. C. Pattison, Troy. “3,700 bushels Wheat, Freight hence to New York, 16…

1Opinion of the CourtSutherland, J.

I think the action cannot be maintained. I think the question is precisely the same as if the defendant had been the ultimate consignee of the cargo of wheat. As to the plaintiff’s .assignor, and his remedy for his freight, the defendant was the ultimate consignee. If the action can be maintained, it must be on the ground of an implied contract on the part of the defendant to pay the freight. This contract must be implied from the acts of the parties in delivering and accepting the cargo. I think the implication is repelled by the circumstances of the case. No doubt a common carrier has a…

2Cases cited3 opinions

  1. Collins & Timberlake v. Union Transportation Co.Supreme Court of Pennsylvania · 1840
  2. Hinsdell & Pitcher v. WeedNew York Supreme Court · 1848
  3. Barker v. HavensNew York Supreme Court · 1819

3Cited by9 opinions

  1. Vinyard v. BarnesIllinois Supreme Court · 1888
  2. Philadelphia & Reading Railway Co. v. BaerSuperior Court of Pennsylvania · 1914
  3. Davison v. . City BankNew York Court of Appeals · 1874
  4. Dart v. . EnsignNew York Court of Appeals · 1872
  5. Elwell v. . SkiddyNew York Court of Appeals · 1879

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