Abbe v. Eaton
Commission of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of the plaintiff, entered upon the report of a referee. This action was brought to recover a balance alleged to be due for freight upon a load of corn from Buffalo to Albany.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of the plaintiff, entered upon the report of a referee. This action was brought to recover a balance alleged to be due for freight upon a load of corn from Buffalo to Albany. The bill of lading provided for a delivery of the corn to the consignees upon payment of freight, and contained the following clause: “ All damages caused by boat or carrier, or deficiency of cargo from quantity, as herein specified, to oe paid for by the carrier and deducted from the freight, and…
1Opinion of the Court
Earl, C.
The referee found that 7,200 bushels of corn were shipped on the plaintiff’s boat at Buffalo, and that he delivered the same quantity at Albany. It is claimed on the part of the appellant that the finding, that plaintiff delivered 7.200 bushels of corn at Albany, is against the undisputed evidence, and therefore erroneous, and this is the first question to be considered. The defendant m his answer admitted that 7.200 bushels were shipped upon the boat at Buffalo, and ho cannot, therefore, dispute the truth of that admission. The *412plaintiff gave evidence tending very strongly to show…
2Cases cited2 opinions
- Meyer v. . PeckNew York Court of Appeals · 1863
- Merian v. FunckNew York Supreme Court · 1847
3Cited by11 opinions
- Komp v. . RaymondNew York Court of Appeals · 1903
- Vanderbilt v. Ocean S. S. Co.Court of Appeals for the Second Circuit · 1914
- Hunt v. Mississippi Central RailroadSupreme Court of Louisiana · 1877
- Wicoma Investment Co. v. PridgeonSupreme Court of Florida · 1939
- Merrick v. About Nineteen Thousand Five Hundred & Fourteen Bushels of WheatDistrict Court, N.D. New York · 1880
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