Swift v. . Pacific Mail Steamship Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 8, 1885, which affirmed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought by the plaintiffs, as shippers, against the defendants, as common carriers, to recover damages for breach of a joint contract for the carriage of whale oil from Panama to Mew York.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 8, 1885, which affirmed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought by the plaintiffs, as shippers, against the defendants, as common carriers, to recover damages for breach of a joint contract for the carriage of whale oil from Panama to Mew York. The complaint alleged that the plaintiffs were copartners and that the defendants were corporations organized under the laws of…
1Opinion of the CourtEarl, J.
A point is made on behalf of the defendants that the plaintiffs cannot maintain this action on the ground that some of the seamen on the whaling vessels were to some extent joint owners with them of the oil. It is undoubtedly the general rule in this State, that an action against a common carrier for the breach of his contract, or of his duty to carry must be brought in the name of the owner of the gopds although the contract may have been made or the goods shipped by another. (Greene v. Clark, 12 N. Y. 343; Krulder v. Ellison, 47 id. 36.) The rule has, however, been much questioned and has…
2Cases cited10 opinions
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Green v. . ClarkeNew York Court of Appeals · 1855
- Insurance Co. v. Railroad Co.Supreme Court of the United States · 1881
- Finn v. Western RailroadMassachusetts Supreme Judicial Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Berkey v. Third Avenue Railway Co.New York Court of Appeals · 1926
- CF HARMS CO. v. Erie R. Co.Court of Appeals for the Second Circuit · 1948
- Lehigh Valley R. Co. v. DupontCourt of Appeals for the Second Circuit · 1904
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Atchison, T. & S. F. Ry. Co. v. RobinsonSupreme Court of Oklahoma · 1912
22 more not listed; retrieve them via the Exa API.